YouTube class action lawsuit overview:
- Who: Two YouTube Premium subscribers filed a class action lawsuit against Google LLC and YouTube LLC.
- Why: The plaintiffs claim Google and YouTube falsely advertise that YouTube Premium provides an ad-free streaming experience.
- Where: The YouTube Premium class action lawsuit was filed in California federal court.
A new class action lawsuit alleges YouTube Premium is not ad-free, as promised.
Plaintiffs William Flemming and Devin Rose filed the YouTube Premium class action lawsuit against Google and YouTube on July 14 in California federal court, alleging violations of state consumer protection laws.
According to the lawsuit, YouTube Premium subscribers are charged a monthly fee for an ad-free experience but are still shown ads during streamed videos.
“YouTube Premium members pay over $15 per month for a streaming service that is touted as ‘ad-free.’ The service they are receiving, however, is full of ads that appear during streamed videos,” the YouTube class action lawsuit says.
The YouTube class action lawsuit includes screenshots of several examples of ads appearing during YouTube Premium videos, including ads for Pepsi, NordVPN and Surfshark.
Lawsuit: Help center statement contradicts terms of service
The plaintiffs argue that YouTube’s marketing materials and terms of service promise an ad-free experience for Premium subscribers, while Premium Lite subscribers pay a lower monthly fee for a service that includes some ads.
The class action lawsuit claims that YouTube Premium’s terms of service and marketing materials do not disclose that subscribers will still see ads, specifically in the form of third-party creator sponsorships and baked-in video promotions.
Flemming and Rose allege that YouTube’s help center contains a statement that Premium members “may still see branding or promotions embedded in the content by the creator” but argue that this statement is not part of the terms of service and is difficult for consumers to find.
The YouTube class action lawsuit asserts claims for violations of California’s False Advertising Law, Unfair Competition Law and Consumers Legal Remedies Act and unjust enrichment.
The plaintiffs seek to represent a nationwide class and a California subclass of YouTube Premium subscribers who subscribed to the service under the mistaken belief that they would receive an ad-free and uninterrupted experience.
They are seeking certification of the class action, damages, restitution, disgorgement, injunctive relief, fees and costs and a jury trial.
Google and YouTube recently agreed to pay $30 million to settle a long-running class action alleging they unlawfully collected data from children under 13 to serve targeted ads without parental consent.
What do you think of the allegations made in this YouTube Premium lawsuit? Let us know in the comments.
The plaintiffs are represented by Devin Bolton, James Bilsborrow, Michael Piggins and Ashley Arraras of Weitz & Luxenberg P.C. and Matthew W. Broughton, Andrew M. Bowman and Jared A. Tuck of Gentry Locke Attorneys.
The YouTube class action lawsuit is Flemming, et al. v. Google LLC, et al., Case No. 3:26-cv-07182, in the U.S. District Court for the Northern District of California.
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