Elements of a VPPA Claim:

The VPPA prohibits any video service provider from knowingly sharing personally identifiable information (PII) about a consumer’s video viewing habits without the consumer’s written consent. Violations of this law allow affected consumers to seek damages.

To prevail on a VPPA claim, a plaintiff must prove:

• 1) A “video tape service provider” defendant;
• 2) The plaintiff is a “consumer” of the defendant’s services;
• 3) The defendant knowingly disclosed the plaintiff’s PII; and
• 4) The plaintiff didn’t provide written consent for the disclosure.

The lawsuit contends Tubi qualifies as a video tape service provider, the class members are consumers, and Tubi knowingly disclosed their PII (detailed viewing histories) without obtaining proper consent. Proving these elements is key to the claims.

Examples of PII Allegedly Disclosed by Tubi:

• Unique user IDs, device IDs, advertising IDs
• Geolocation data showing user’s city/state
• Videos watched, dates/times of viewing
• Categories/genres of videos requested
• Viewing history, habits, preferences inferred

The complaint alleges this type of info shared by Tubi, especially when combined, constitutes PII under the VPPA because it identifies specific individuals and links them to their viewing choices. Disclosing such PII without express written permission is precisely what the VPPA prohibits.

FAQs on the VPPA:

• • Why was the VPPA enacted? After a newspaper published Supreme Court nominee Robert Bork’s video rental records in 1987, Congress passed the VPPA in 1988 to protect the privacy of consumers’ video viewing information.
  • What video providers are covered? The VPPA applies broadly to brick-and-mortar video stores as well as online streaming services and other video content providers, as clarified by a 2012 amendment.
  • What’s required for valid consent to share PII? The VPPA mandates that video providers obtain informed, written consent from consumers before sharing their PII – it must be in a standalone consent form, separate from any other legal terms or conditions.
  • How have courts interpreted PII under the law? Courts have found that PII isn’t limited to names or addresses – it can include any info that links a specific person to their viewing history, like user IDs, device IDs, detailed watch lists, and more.
  • What are the penalties for violating the VPPA? Consumers affected by a VPPA violation can seek actual or statutory damages of at least $2,500 per violation, punitive damages, attorneys’ fees, and equitable relief.

Key Factors Courts Consider in Approving Class Action Settlements:

• Strength of the plaintiff’s case vs. defenses
• Amount offered in settlement vs. likely recovery at trial
• Extent of discovery completed and stage of proceedings
• Experience and views of counsel on both sides
• Future expense and likely duration of ongoing litigation
• Degree of opposition to the settlement among class members
• Risks of class action status maintenance through trial
• Defendant ability to withstand a greater judgment
• Range of reasonableness of the settlement in light of all the risks and costs of continued litigation

Here, the court preliminarily approved the Tubi settlement after weighing these factors, finding it fair, reasonable and adequate based on the monetary and prospective relief secured. Final approval will be decided after a hearing later this year.

Real-World Examples of Class Action Privacy Settlements:

• In re Facebook Biometric Info. Privacy Litig. – $650M for alleged facial recognition violations
• In re Equifax Data Breach Litig. – $380.5M for data breach affecting 147M people
• Perkins v. LinkedIn – $13M for external email address harvesting
• In re Google Street View Litig. – $13M for Wi-Fi data interception claims
• In re Vizio Consumer Privacy Litig. – $17M for smart TV data collection

While each case is unique, these help illustrate the range of class action privacy settlements. Individual payouts vary widely based on the size of the class, settlement fund, fees, claims rates and other factors.

FAQs on the Tubi Settlement:

• • How do I know if I’m a class member? The class includes all Tubi users from 6/23/21 to 9/26/24. You should’ve gotten an email or mail notice if Tubi identified you from its records. But you may still be included even without a notice if you meet the class definition.
  • Why is this a class action? Class actions allow the claims of many people to be resolved efficiently in a single case brought by one or more representative plaintiffs. This avoids thousands of individual suits.
  • What if I do nothing? Class members who do nothing will be bound by the settlement and release their claims if it is approved, but won’t get a payment. You must file a timely claim to get cash benefits.
  • What are my other options? You can exclude yourself (opt out) by 10/31/24 if you want to retain your right to sue Tubi separately. If you object to the settlement terms, you must file with the court by 10/31/24. But you can’t opt out AND object.
  • How much will the attorneys get? Class counsel will request up to 35% of the settlement fund (about $7M) plus expenses as fees, subject to court approval. Attorneys’ fees in similar cases are often in the 25-35% range.

Pro Tips for Filing a Valid Claim:

• File well before the 11/28/24 deadline to avoid any last-minute website issues or mail delays
• Complete the claim form accurately, ensuring all required information is provided to avoid rejection
• Read the instructions carefully and only file one claim per household as required
• Keep a copy or screenshot of your claim submission for your records as proof
• Check the settlement website periodically for updates on approval status and payments
• Notify the settlement administrator promptly if your contact info changes so you get your payment
• Be patient—settlement payments typically begin several months after final approval.

What to Avoid When Filing Your Claim:

• Don’t wait until the last minute to file – give yourself plenty of time in case of issues
• Don’t assume you’ll get a payment automatically without filing a claim – you won’t!
• Don’t submit multiple claims for the same household – duplicates will be rejected
• Avoid making mistakes or leaving fields blank on the claim form to minimize rejections
• Don’t forget to cash your payment check before it expires, or funds may be forfeited

Filing a claim is the only way to get cash benefits from the Tubi settlement. Following these dos and dont’s will help ensure your claim is accepted and paid!

FAQs on the Tubi Settlement Claims Process:

• • How much will I get if I file a claim? All class members who submit valid claims will get an equal share of the $19.99M settlement fund after deducting court-approved fees, costs and expenses.
  • Do I need a Tubi account to file a claim? No. You can file a claim even if you watched Tubi without an account, so long as you affirm that you used the service during the class period from 6/23/21 to 9/26/24.
  • What if I’m not sure I’m a class member? If you think you may have used Tubi during the relevant period, you can still file a claim. The settlement administrator will validate whether you qualify. When in doubt, submit a claim form.
  • Can I file a claim if I used another person’s Tubi account? Yes, the class includes anyone who used Tubi during the class period, regardless of whether they had their own account. But each household can only submit one claim.
  • How can I find more info on filing a claim? The detailed notice on the settlement website explains the claims process fully. You can also contact the settlement administrator or class counsel using the contact info provided if you have other questions.

Reasons Some May Choose to Object or Opt Out:

Objecting May Make Sense If:

• You think the $19.99M settlement fund is too low and unfair given the strength of the claims
• You believe the attorneys’ fees of up to 35% are unreasonable or unjustified
• You feel the non-monetary relief is insufficient to deter future VPPA violations
• You disagree with the proposed plan of allocation and distribution of settlement funds

Opting Out May Be Preferable If:

• You want to preserve your right to bring your own case against Tubi and recover more than the settlement provides
• You’re not comfortable releasing all VPPA claims against Tubi in order to get the settlement benefits
• Your alleged damages from Tubi’s VPPA violations are much higher than the estimated class payments
• You philosophically or otherwise object to Tubi’s conduct and want no part of any settlement with them

Participating in a settlement means abiding by its terms, so consider your options carefully. An experienced attorney can help you evaluate your choices.

Typical Opt-Out Rates in Consumer Class Actions:

• Class action opt-outs are usually very low – often less than 1% of the total class
• Even in large cases with millions of class members, opt-outs regularly number only a few thousand at most
• Many class members find pursuing individual litigation isn’t worth the cost vs. taking the settlement benefits
• Class reps, high-value claimants, and entities/individuals strongly opposed to the case or settlement terms are more likely to opt out
• But overall, the vast majority of class members generally choose to stay in consumer settlements

While opting out is an important right, statistics show it’s usually only exercised by a small percentage. Objections tend to be more common than exclusions. Consider your personal circumstances carefully before deciding.

FAQs About Objecting and Opting Out:

• • How many objectors are needed to reject a settlement? There’s no specific threshold. Courts can still approve a settlement even over multiple objections if they find it fair and reasonable overall. The volume and merit of objections is one of many factors considered.
  • Do I need a lawyer to object? No, you can file an objection on your own as long as you follow the court’s instructions. Some objectors hire counsel for strategic or tactical reasons, but it’s not required.
  • What rights am I giving up if I don’t opt out? If you stay in the class, you’ll release Tubi and related parties from all claims covered by the settlement, even if you don’t file a claim. You’re trading your right to sue for the settlement benefits.
  • What happens if too many people opt out? If over a certain number of class members opt out (often 1-5% of the class), the defendant usually has the right to back out of the settlement altogether. But opt-out levels rarely reach that threshold.
  • Can I opt out and still object? No. By excluding yourself, you’re no longer a class member, so you have no standing to object to the settlement. It’s an either/or situation – you can opt out OR object, not both.

Potential Next Steps After the Final Approval Hearing:

If the Settlement is Approved:

• The settlement will be binding on all class members who didn’t exclude themselves
• The claims process will continue and valid claims will be paid out once the settlement is final and any appeals are resolved
• Tubi will fund the $19.99M settlement and take any other actions required by the agreement
• Court will issue final judgment resolving the case

If the Settlement is Rejected:

• The case may return to active litigation posture
• Parties could attempt to negotiate a revised settlement addressing the court’s concerns
• Case could eventually proceed to pre-trial motions and/or trial
• Parties might explore other options like voluntary dismissal or alternative dispute resolution

Right to Appeal:

• If the settlement is granted final approval, class members who properly objected could appeal
• If approval is denied, Tubi and/or class counsel may appeal that decision
• Appeals process could delay settlement benefits for a year or more if pursued
• No money can be paid out until all appeals are resolved

Attorneys’ Fees & Class Representative Award:

• Class counsel will petition the court for attorneys’ fees of up to 35% of the settlement fund (around $7 million), plus reimbursement of litigation expenses
• These fees compensate the lawyers for their time and financial risk in litigating the case, with no guarantee of success or payment
• The class representative will also request a service award of up to $5,000 for her time and effort representing the class
• Court must approve these amounts at the final hearing – judges have discretion to award less than requested if they find them unreasonable
• Approved fees, expenses, and the service award will be paid from the settlement fund, reducing the amount available for class member claims, not in addition

Class action attorneys’ fees are commonly in the 25-35% range, but the percentage awarded varies based on the complexity of the case and is ultimately at the court’s discretion. If 35% is awarded here, around $13 million would remain to pay class claims and administrative costs.

FAQs About the Final Approval Process:

• • What happens if the judge approves the settlement? If granted final approval and there are no appeals, the settlement will take full effect. Tubi will fund the settlement, fees and expenses will be paid, and valid claims will be processed and paid out once final approval is issued and any appeals are resolved.
    
  • Can I speak at the final fairness hearing? Yes. Class members who properly filed an objection or notice of appearance can ask the court for permission to speak at the hearing in support of their position.
  • How long after approval can I expect my payment? It varies, but settlement checks are often sent out around 2-3 months after final approval, assuming no appeals are filed. Complex settlements can take longer.
  • How will I know if the settlement is approved or rejected? The settlement website will post the latest updates after the final approval hearing. You won’t receive individual notice of the court’s ruling by mail or email.
  • What’s the deadline to cash settlement checks? Most settlement checks must be cashed within 60-90 days of issuance. Review the settlement FAQs or check information for specific deadlines. Uncashed funds may be sent to the state unclaimed property fund.

Tubi Class Action Settlement – Key Dates & To-Dos:

• November 28, 2024 – Deadline to File Claim for Payment
• October 31, 2024 – Deadline to Object or Opt Out
• December 4, 2024 at 10:00 AM – Final Approval Hearing in Rockford, IL and via Zoom
• Bookmark the official settlement website for updates: VideoStreamingSettlement.com
• Consult the detailed notice and settlement agreement for complete terms
• Check your spam/junk folders for settlement-related emails
• Update your contact information with the settlement administrator if it changes
• Notify the administrator if you haven’t received your check within 90 days of final approval
• Keep this guide handy for quick reference to key settlement info at your fingertips!