Vizio Smart TV Data Privacy Class Actions Grouped in California

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

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

The JPML found that California was the appropriate venue for the litigation, rejecting requests from some plaintiffs to send the Vizio class action lawsuits to Arkansas or Indiana.

The JPML decided to consolidate the litigation (titled In re: Vizio Inc. Consumer Privacy Litigation) in the U.S. District Court for the Central District of California because eight of the Vizio class action lawsuits were filed in the federal court and Vizio’s headquarters are located there.

The panel found that centralizing the litigation in the Central District of California “will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.”

Further, the panel found that the “defendants and a majority of the plaintiffs support centralization in the Central District of California,” making the federal court an appropriate choice for consolidating the case.

Vizio is the manufacturer of so-called “Smart TVs,” a type of television that can connect to the internet to allow viewers to stream media and other online content. Viewers with Smart TVs can watch streaming media from popular online content providers such as Amazon, Hulu and Netflix directly on their TV screen. The company was hit with several class action lawsuits after it was discovered that the Vizio Smart TVs were equipped with tracking software.

One of the Vizio Smart TV class action lawsuits was filed in California federal court last fall by plaintiff Palma Reed. Reed accused Vizio and its partner Cognitive Media Networks Inc. of intentionally hiding tracking software called “Smart Interactivity” that can monitor users’ TV viewing habits and report that information back to Cognitive Media.

According to Reed’s Vizio class action lawsuit, that data is provided to third parties without the knowledge or consent of the Smart TV viewer. The information is allegedly used by these third parties to push targeted advertisements to all devices that share the same internet connection.

Reed says she never would have purchased the Vizio Smart TV if she knew that her viewing habits were being disclosed to third parties. Her Vizio class action lawsuit accuses the defendants of violating the Video Privacy Protection Act.

In January, it was reported that a federal judge approved an order to allow mediation in Reed’s class action lawsuit.

The consolidated Vizio class action lawsuits include a total of 15 cases pending in Arkansas, California, Florida, Illinois and Indiana federal courts and five tag-along actions that may be added to the litigation. The pretrial proceedings for these Vizio privacy lawsuits will be handled by U.S. District Judge Josephine L. Staton.

The plaintiffs are represented by Girard Gibbs LLP, the Law Offices of Ronald A. Marron APLC, Greg Coleman Law PC, Cutter Law PC, Carney Bates & Pulliam PLLC, Edelson PC, Kershaw Cutter & Ratinoff LLP, the Law Offices of Jon Borderud, among others.

The consolidated Vizio Smart TV Data Privacy Class Action Lawsuit is In re: Vizio Inc. Consumer Privacy Litigation, MDL No. 2693, in the U.S. District Court for the Central District of California.

UPDATE: 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 2: 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 3: On July 25, 2017, a federal judge denied all of Vizio’s requests in its motion to dismiss and strike. 

UPDATE 4: On June 28, 2018, the preliminary agreement for the Vizio data privacy class action lawsuit settlement will be submitted to federal court in September.

UPDATE 5: On Oct. 4, 2018, smart TV owners reached a settlement worth $17 million in a class action lawsuit alleging Vizio secretly recorded and sold information about viewers’ watching habits.

UPDATE 6: On Feb. 8, 2019, the Vizio smart TV class action settlement is now open. Click here to file a claim.