We-Vibe Privacy Class Action Settlement Checks Mailed

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TCA viewers are reporting that they have received checks in the We-Vibe Privacy Class Action settlement over allegations that the company violated users’ privacy by secretly collecting and transmitting their personally identifiable information.

The makers of We-Vibe, defendant Standard Innovation Corp., agreed to pay two Classes to settle the allegations, but did not admit that its data collection activities violated users’ privacy under law.

We-Vibe is an adult toy that allows users to pair the device with a smart phone app called We-Connect. According to the class action lawsuit, the app collected and recorded highly identifiable and sensitive data about individuals’ use of the We-Vibe vibrator. Information recorded included intensity of the vibration levels, along with the dates and times the toy was used. The was done without users’ knowledge or consent.

Further, the features of the high-end vibrator, costing the plaintiff $130, were not accessible without use of the We-Connect app. Through the app, the vibrator makers transmitted sensitive personal information about consumers to servers in Canada, according to the We-Vibe class action lawsuit.

“Needless to say, the usage information collected by Standard Innovation through We-Connect is extraordinarily intimate and private,” contended the plaintiffs in court filings supporting the settlement agreement. “Standard Innovation collected individual-level usage information — often tied to users’ personally identifiable email addresses — and as a result…breached its customers’ trust, devalued their purchases…and violated federal and state law in the process.”

Under the terms of the settlement agreement, We-Connect app users were awarded $3 million and We-Vibe purchasers were awarded $750,000.

Class Members included a purchaser Class that included all persons in the U.S. who bought any of the following Bluetooth-enabled We-Vibe products before Sept. 26, 2016:

• We-Vibe Classic
• We-Vibe 4 Plus
• We-Vibe 4 Plus App Only
• Rave by We-Vibe
• Nova by We-Vibe

The App Class included all persons in the U.S. who downloaded the We-Connect app and used it to control any of the We-Vibe products listed above before Sept. 26, 2016. Consumers could have been a part of both classes, according to settlement documents.

Individual settlement awards amounted to a maximum of $10,000 for App class members. Purchaser class members could receive up to $199. The payment for each class member varied based on the number of valid claims received and the remaining settlement funds after the lead plaintiff’s awards, attorneys’ fees, and settlement notice and administration costs.

Class Members were required to provide their We-Vibe serial numbers to make a valid claim and the claim deadline was July 20, 2017.

Congratulations to our Top Class Actions readers who submitted a valid claim and got PAID! If you missed out, sign up for our free newsletter to receive updates on new class action lawsuits and settlements. You can also check out which class action settlements are still accepting claims in our Open Class Action Settlements section.

The plaintiff is represented by Benjamin H. Richman and J. Dominick Larry of Edelson PC.

The We-Vibe Privacy Class Action Lawsuit is N.P., et al. v. Standard Innovation Corp., Case No. 1:16-cv-08655, in the U.S. District Court for the Northern District of Illinois, Eastern Division.