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After three years of “intensive litigation,” comScore Inc. has reached a $14 million class action lawsuit settlement with Internet users who claim the analytics company installed data tracking software in their computers and devices without their consent. Class Members are estimated to receive approximately $200 from the comScore class action settlement.
It is believed to be “the largest privacy case to ever go to trial in terms of class size and potential damages,” according to the plaintiffs’ attorney
Lead plaintiffs, Mike Harris and Jeff Dunstan, alleged in their 2011 class action lawsuit that comScore installed data-harvesting software called OSSProxy disguised as part of other programs on their computers without their consent. They further allege that comScore designed OSSProxy to remain installed and collect information about their Internet use after they uninstalled the original programs.
The comScore class action lawsuit alleges that this information — which included credit card numbers, addresses, telephone numbers, bank account numbers, and full names — was then sent to comScore’s servers, where it was scrubbed of what OSSProxy “deems personally identifiable information” and then used to create the data and market reports that comScore’s clients pay for.
comScore is “a global leader in measuring and analyzing consumers’ Internet behavior,” according to the comScore settlement documents filed May 30. The company monitors over a trillion online interactions per month and collects, measures, and analyzes computer and Internet usage data for its clients, which include most major companies.
The comScore privacy class action lawsuit claims that this action violated federal electronic privacy laws. A federal judge certified the Class in April 2013. Later that year, the Illinois Court of Appeals denied comScore’s motion to overturn the lower court’s ruling and the parties began settlement discussions.
“comScore has denied and continues to deny any wrongdoing whatsoever,” the motion for settlement approval reads, “[n]onetheless, taking into account the uncertainty and risks inherent in any litigation, comScore has concluded that further defense of the Action would be protracted, burdensome, and expensive, and that it is desirable and beneficial that the Action be fully and finally settled and terminated in the manner and upon the terms and conditions set forth in the Settlement Agreement.”
If approved, the comScore class action settlement Class would include “All persons who, at any time since 2005, had comScore’s Data Collection Software downloaded and installed on their computers via a bundling partner, and used their computer in interstate commerce and/or communication,” according to the settlement documents.
Plaintiffs estimate that, based on the expected rate of claims, each Class Member who submits a valid claim will receive approximately $200, according to the motion.
“Without question, the instant Settlement compares favorably to other consumer privacy class action settlements, which most often result in monies being directed to cy pres [charity] or [minimal] payments to Class Members,” the motion says.
“[T]he proposed Settlement goes well beyond the established privacy class action settlement paradigm.”
Top Class Actions will update our readers as soon as claim filing instructions become available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive automatic notifications when this article is updated.
The class is represented by Rafey S. Balabanian, Jay Edelson, Chandler R. Givens and Benjamin S. Thomassen of Edelson PC.
The comScore Privacy Class Action Lawsuit is Harris, et al. v. comScore Inc., Case No. 1:11-cv-05807, in the U.S. District Court for the Northern District of Illinois.
UPDATE: Instructions on how to file a claim for the comScore class action settlement are now available! Visit our open settlement page or www.DataCollectionSettlement.net for more information.
UPDATE 2: Viewers are reporting they are receiving checks in the mail from the comScore class action settlement. Congratulations to everyone who filed valid claims and got PAID!
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71 thoughts on$14M comScore Class Action Settlement Reached in Largest Privacy Case
When do you think the checks will be distributed?
She just said later this month.Questions?
Call 1-855-467-0204 ,this is the number I called and left message on Sunday is 1-866-354-3015. and you will get a call back.
Awwwwwww…..who cares about court talk where’s the money..lmao
The class representatives are the first people that filed claims in suit and got to give testimony and talk with lawyers if needed .They have been approved for $11,000 .
Iam not the best at understanding documents. When does that mean approx, for mailing out checks
Just got this final order from the website ,this is what it says in part Counsel. Sutton v. Bernard, 504 F.3d 688, 692 (7th Cir. 2007); see also Williams v. Rohm and Haas Pension Plan, 658 F.3d 629, 635 (7th Cir. 2011). In addition, the Court awards Class Counsel its unreimbursed actual costs and expenses in the amount of $101,069.13. Such payments shall be made pursuant to and in the manner provided by the terms of the Settlement Agreement.
15. The Court has also considered Plaintiffs’ Motion and supporting declarations for an incentive award to the Class Representatives. The Court adjudges that the payment of an incentive award in the amount of $11,000 to each of the named Class Representatives, to compensate them for their efforts and commitment on behalf of the Settlement Class, is fair, reasonable, and justified under the circumstances of this case. Such payment shall be made pursuant to and in the manner provided by the terms of the Settlement Agreement.
16. All payments made to Settlement Class Members pursuant to the Settlement Agreement that are not cashed within ninety (90) days of issuance shall be directed evenly to The Center for Privacy and Technology at Georgetown University Law Center, and the Stanford University Security Laboratory, which the Court approves as appropriate cy pres recipients. Based on the number of Class Member claims, no funds will remain in the Settlement Fund for cy pres distribution.
17. Except as otherwise set forth in this Order, the Parties shall bear their own costs and attorneys’ fees.
18. The Parties, without further approval from the Court, are hereby permitted to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits to the Settlement Agreement) so long as 6
Case: 1:11-cv-05807 Document #: 369 Filed: 10/01/14 Page 6 of 7 PageID #:6821
they are consistent in all material respects with this Final Judgment and do not limit the rights of Settlement Class Members.
19. Without affecting the finality of this Final Judgment for purposes of appeal, until October 22, 2014 the Court shall retain jurisdiction over all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement.
20. This Court hereby directs entry of this Final Judgment pursuant to Federal Rule of Civil Procedure 58 based upon the Court’s finding that there is no just reason for delay of enforcement or appeal of this Final Judgment.
ENTER:
_______________________________ JAMES F. HOLDERMAN
United States District Court Judge
Does anyone know when checks would be issued?
Anybody know yet ,when distribution of checks will happen ?
Received mine today.
I think it should be pay out around $575.99 .. give or take 1 cent.. It actually came to be $575.998 on my calculator from all the math. I would be fine with $576.00.. I like nice round numbers, only 15,960 put in claims so you do the math like I did. Waitin on my check to come within weeks.
Wow! That would be a marvelous addition to my meager bank account, especially at this time of the year! How did you find out the number of claims that were turned in? And how are we to guesstimate the arrival time of the checks? Is there a place where I can get some further info on this?Thanks for any and all help!
But how many claims are valid like it has to be according to the claim form info.I think it might be higher than that even.
ANY UPDATES?
How do I get a claim form.
UPDATE: Instructions on how to file a claim for the comScore class action settlement are now available! Visit our open settlement page or http://www.DataCollectionSettlement.net for more information.
HOW CAN I GET A CLAIM FORM FOR DUNSTAN ET AL. V. COMSCORE.INC.?
THE WEB SITE http://WWW.DATACOLLECTIONSETTLEMENT.NET, IS FULL OF VIRISES.
EDITOR’S NOTE – We (Top Class Actions) just hit the website and we didn’t get any notice of viruses. It’s legitimate. You may want to check your virus software. It sounds like you have the settings turned up a bit too high (or your computer is already infected with a trojan horse virus which is redirecting to bad sites…)