Sarah Mirando  |  April 25, 2011

Category: Legal News

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Flash Cookie Class Action Settlement

 

By Sarah Pierce

Flash cookieVirtually every person in the U.S. who has used the internet since 2008 will be affected by a proposed class action lawsuit settlement with Quantcast, Clearspring and VideoEgg technologies over depositing browser “cookies” and Adobe Flash Player local shared objects (LSOs) on users’ computers to spy on their internet activity.

 

The flash cookie class action lawsuit settlement will resolve allegations that Quantcast Corporation, Clearspring Technologies, Inc., VideoEgg, Inc. and other companies deposited cookies and LSOs on users’ computers when users visited tens of millions of pages on the internet, even when users set their browsers to block cookies. Oftentimes, even after users deleted cookies, information from LSOs was used to “respawn” those deleted browser cookies. This information was then used to spy on users’ activity for marketing purposes.

 

Quantcast, Clearspring, and VideoEgg technologies have been used on tens of thousands of web pages, including the heavily-trafficked websites of the Defendants and their affiliates. As a result, substantially anyone in the U.S. who has used the Internet since June 1, 2008, is likely a member of the class. Clearspring LSOs can be identified by a filename of “clearspring.sol.” Quantcast LSOs can be identified by filenames that include “____qca.sol” or “Quantserve.” VideoEgg LSOs can be identified by filenames that include “admanager.sol” that originated from core.videoegg.com.

 

Unfortunately, there is no cash benefit for class members attached to the flash cookie class action settlement, but you will be bound by the terms of the settlement if you don’t opt out (i.e.; you will be giving up your right to sue the Defendants or their affiliates over claims arising out of the use of LSOs).

 

Under the proposed class action settlement, Quantcast, Clearspring, and VideoEgg state that they do not and will not use LSOs to respawn browser cookie information to serve as an undisclosed alternative to browser cookies for tracking users online, or otherwise to counteract users’ decisions to block or delete browser cookies. Other defendants and their affiliates agree to take significant future measures to enhance consumers’ online privacy. The defendants will also contribute over $3.2 million to two Settlement Funds. The bulk of the Settlement Fund will be distributed among Court-approved non-profit groups engaged in research and education that promote consumer awareness and choice regarding privacy, safety, and security of the electronic information.

 

If you do not want to be legally bound by the Clearspring and Quantcast class action settlement, you must exclude yourself by May 13, 2011, or by June 10, 2011 if you want to opt out of the VideoEgg class action settlement, or you will not be able to sue the Defendants and their affiliates for the claims listed in the settlement agreement. This is the same date to file an objection. If you do nothing, you will be legally bound by the class action settlement.

 

You can find more information on your rights in the Flash Cookie Class Action Lawsuit Settlement, including instructions for opting out of the settlement if you wish to do so, at www.FlashCookieSettlement.com.

 

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Updated April 25th, 2011

 

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