$14M comScore Class Action Settlement Reached in Largest Privacy Case

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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.”

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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!