Vizio Class Action Says Viewing Habits are Secretly Recorded

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Vizio is collecting information about consumers’ smart TV viewing habits, according to a class action lawsuit.

Plaintiff Linda Adran alleges in her class action lawsuit that Vizio collects viewers’ personal information without permission by tracking their smart TV viewing choices.

The plaintiff says Vizio dupes consumers into using a feature called “Smart Interactivity” to collect this information. Vizio then sells this information to third parties for profit without consumers’ knowledge or consent.

According to the Vizio class action lawsuit, Adran purchased two Vizio TVs in 2014. She says that she had no idea that the TVs were “spying on her.” The plaintiff claims she would not have purchased the Vizio TVs had she known the company was collecting and selling personal information about her viewing habits.

Viewing data, says the complaint, can include highly specific information like viewing habits, times the television is being used, preferences, IP addresses, and other personal information. Adran says that most companies notify consumers about this practice, and some require that the feature be turned on for data collection to occur.

“Vizio did not disclose this practice to its customers, most of whom used their Vizio TVs with no knowledge that Vizio collected and sold their personal information for profit,” alleges the Vizio class action lawsuit, pointing out this activity is “Unlike all other television manufacturers.”

The Vizio class action lawsuit mentions that the Federal Trade Commission filed a report revealing that Vizio has been collecting consumers’ data without their knowledge or permission since 2014 when it introduced the “Smart Interactivity” feature. This practice diverges from all other television companies who are transparent about this practice.

“Vizio actively concealed their data collection,” alleges the plaintiff. “Naming their data collection software ‘Smart Interactivity’ was no mistake. Vizio intended it to sound like a necessary component of the Smart TV’s ‘smart’ features. Vizio wanted its customers to fear shutting off ‘Smart Interactivity’ would disable their Smart TVs’ ‘smart’ features.”

Further, says the Vizio class action lawsuit, Vizio’s privacy policies do not contain any information about data collection activities conducted through Smart Interactivity.

“Vizio concealed its data collection because allowing customers to opt out would limit its data collection abilities, and in turn would mean less data for Vizio to sell, and decreased profit,” alleges the complaint.

The plaintiff seeks to represent a nationwide Class of consumers who purchased a Vizio TV with Smart Interactivity software along with a California subclass. Adran alleges that Vizio violated the federal Video Privacy Protection Act, the Wiretap Act, and California privacy and consumer protection laws. The plaintiff also alleges that Vizio intruded on putative Class Members’ privacy and committed common law fraud.

Adran is seeking damages for the TV purchases as well as statutory damages. She also wants the court to order Vizio to notify consumers about its data collection activities, stop the sale of Vizio Smart TVs, and to curtail the alleged false representations about those TVs.

The plaintiff is represented by Hovanes Margarian of The Margarian Law Firm.

The Vizio Smart TV Class Action Lawsuit is Adran v. Vizio Inc., et al., Case No. 2:17-cv-07730-FMO-SK, in the U.S. District Court for the Central District of California.