Tamara Burns  |  December 18, 2015

Category: Consumer News

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Vizio class action lawsuitThis week, three more potential class action lawsuits were filed against Vizio Inc., alleging that the smart TV company acted in violation of the Video Privacy Protection Act.

The latest Vizio class action lawsuits were filed in Arkansas, California and Illinois alleging that Vizio and subsidiary Cognitive Media Networks violated the privacy of smart TV owners by logging their viewing habits and sharing that information with third parties. These three Vizio lawsuits follow another three class action lawsuits that were filed last month in California federal court.

According to two plaintiffs in the latest California class action lawsuit, Dieisha Hodges (a California resident) and Simone Richardson (an Illinois resident), Vizio started selling new televisions with an app that was used to record TV viewers’ watched program data and logged IP addresses. Older Vizio televisions that were smart TVs connected to the Internet received automatic updates to load the new app.

The Vizio class action lawsuit alleges that this feature called “Smart Interactivity” allows Vizio to collect data including “the identity of the user’s broadcast, cable, or satellite television provider; the television programs and commercials viewed by the user (including time, date, channel, and whether the user viewed them live or at a later time); the specific Internet Protocol (‘IP’) address associated with the user’s Vizio Smart TV; Media Access Control (‘MAC’) addresses; product model and serial numbers; hardware and software versions; chipset IDs; and region and language settings.”

The smart TV class action lawsuit claims that Vizio takes the data it has accessed and shares it with analytics companies. The companies reportedly sort through the data to come up with viewing trends that are then aimed at a specific consumer’s IP address with targeted ads sent to the smart TV and any other devices connected to the home network.

Vizio model smart TVs are not the only ones who use the viewer tracking software, the privacy class action lawsuit claims. However, the feature “is turned on by default without prior consent of Vizio purchasers,” according to the plaintiffs.

“In order to turn off the feature, a user must either navigate the TV’s Menu to manually disable the function or contact Vizio directly for assistance,” the Vizio class action lawsuit alleges. “Even when turned off, users continue to see tailored ads on other devices that were targeted on the basis of viewing data that was shared before the feature was disabled. If the Vizio Smart TV is ever reset to factory settings (whether or not done intentionally), the TV will return to its default settings, thereby reactivating the Smart Interactivity feature.”

The plaintiffs state that they were not informed that their television viewing history would be tracked and they also did no consent for that information to be shared with outside parties. Hodges and Richardson allege that Vizio has violated the Video Privacy Protection Act, California’s Customer Records and Consumers Legal Remedies Acts, false advertisement, unfair competition, intrusion into private affairs and unjust enrichment among other violations.

Violations of the VPPA, which is what some of the allegations focus on, include statutory damages in the amount of $2,500 per violation to those who share personally identifiable information without consumer consent.

The second class action lawsuit filed this week was by Donald Mason, an Illinois resident, who also alleges violation of the VPPA and Illinois consumer protection and privacy laws.

The third of the class action lawsuits against Vizio was filed by Arkansas resident Jonathan Ogle who alleges that the viewing data and third-party sharing violates the VPPA and Arkansas Deceptive Trade Practices Act.

There are now a total of six potential privacy class action lawsuits against Vizio sharing the same allegations that have been filed since last month.

Hodges and Richardson are represented by Ronald A. Marron, Skye Resendes and William B. Richards Jr. of Law Offices Of Ronald A. Marron APLC.

Mason is represented by Edward A. Wallace, Amy E. Keller and Tyler J. Story of Wexler Wallace LLP, Gregory F. Coleman of Greg Coleman Law PC, and C. Brooks Cutter and John R. Parker Jr. of Cutter Law PC.

Ogle is represented by Joseph Henry “Hank” Bates, J. Allen Carney, Randall K. Pulliam and David Slade of Carney Bates and Pulliam PLLC.

The Vizio Smart TV Data Privacy Class Action Lawsuits are Hodges, et al. v. Vizio Inc., et al., Case No. 8:15-cv-02090, in the U.S. District Court for the Central District of California; Mason v. Vizio Holdings Inc., et al., Case No. 1:15-cv-11288, in the U.S. District Court for the Northern District of Illinois; and Ogle v. Vizio Inc., Case No. 4:15-cv-00754, in the U.S. District Court for the Eastern District of Arkansas.

UPDATE: On Apr. 11, 2016, the U.S. Judicial Panel on Multidistrict Litigation (JPML) centralized 20 class action lawsuits accusing Vizio of secretly installing tracking software in its Smart TVs to find out what users were watching.

UPDATE 2: On Nov. 7, 2016, a group of consumers alleging Vizio violates their privacy by illegally tracking what they watch is urged a federal court to reject the company’s motion to dismiss their class action lawsuit, saying the argument has a “catch-me-if-you-can quality.”

UPDATE 3: On Nov. 29, 2016, Vizio urged a judge to dismiss a class action lawsuit alleging it improperly collects and shares data about smart TV users’ habits without their consent, claiming the plaintiffs are misinterpreting federal privacy laws.

UPDATE 4: On July 25, 2017, a federal judge denied all of Vizio’s requests in its motion to dismiss and strike. 

UPDATE 5: On June 28, 2018, the preliminary agreement for the Vizio data privacy class action lawsuit settlement will be submitted to federal court in September.

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22 thoughts onVizio Smart TV Data Privacy Lawsuits Keep Stacking Up

  1. Leidis says:

    No voy a parar de comentar a los descarados de VIZIO Porque no le resuelven el problema a las personas les voy poner demanda a esa marca porque le están robando a los clientes y eso no hace me parece una falta de respeto a la población que no le resuelvan los problemas pero más me molesta q hagan a las personas comprar un Tv que no sirve y q la marca no se conoce en ningún lado 🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬indignada Estoy Porq perdí mi dinero y lo más lindo que no fueron 4dollar fueron 799 dollar q mira q en este país hay q trabajar y sudar para poder lograr ese dinero LADRONES VIZIO

  2. Leidis says:

    Compre la Tv Vizio que para colmo una marca que no sirve para un coló y más falta de respeto su representante productores y fabricadores q no hacen un televisor que sirva resulta q compre mi Tv en abril y presentó un problema interno y que según la garantía no lo cubría son unos estafadores y ladrones que le están robando dinero a la gente vendiendo Tv que no van arreglar yo como cliente no recomiendo esa marca de televisores estás personas no valoran el sacrificio que tienen q hacer las personas para comprarse un televisor q no sirva LADRONES Y ESTAFADORES Q SON TODOS

  3. MARLA SKAGGS says:

    Does anyone know anything about this? It seems it has been forever on this case

  4. Angela O'Neal says:

    I have bought two of the VIZIO Smart TVs 32in and a 45 inch TV.

  5. Top Class Actions says:

    UPDATE 4: On July 25, 2017, a federal judge denied all of Vizio’s requests in its motion to dismiss and strike. 

  6. SD Mc says:

    I purchased 3 VIZIO Smart TVs last year and ever since then my non-published phone has been ringing off the hook.

  7. SD Mc says:

    Towards the end of 2016 I purchased 3 VIZO Smart TVs and ever since my non-published phone has been ringing off the hook with telemarketers.

    1. MARLA SKAGGS says:

      SD Mc…mine has too. It is very aggravating

  8. Michael Bates says:

    I have a Vizio TV and I would like to file a claim.

  9. Sherita says:

    I own a Vizio smart TV how do I file a claim

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

      1. Sherrie Morris says:

        I have an account setup already but never receives any notifications concerning the fact that I own a 70 inch Vizio television and need to know how to become part of the class action lawsuit. Will you please help me with this issue. Thank you.

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