Hulu Class Action Alleges App Streaming Issues

A recent class action lawsuit claims that Hulu web browser quality is intentionally throttled in order to push app downloads.

Plaintiffs Kim Atkinson and Kyle Stevens argue that they and other Hulu subscribers have been deceived by the company’s representations that they would be able to access high quality streaming services on “all your favorite devices.”

Consumers allegedly paid a premium price for Hulu’s streaming services based on these representations but were denied the benefits they were promised.

“Defendants advertise their subscription services as high quality and misleads consumers into believing that the Hulu subscriptions will provide the same high quality video streaming on computer devices and Hulu’s applications alike, even though the Hulu subscriptions accessed on computer devices are throttled to prevent high quality streaming,” the Hulu web browser class action lawsuit alleges.

“By doing so, defendants are able to charge a substantial price premium for its Hulu subscriptions on the account of its false streaming quality claims.”

Atkinson allegedly experienced the issue after purchasing a premium plan from Hulu in 2016. She claims she purchased a subscription based on advertisements from the company but was disappointed when she didn’t receive high quality streaming through her Hulu web browser platform.

Stevens reportedly experienced the same issues after purchasing a premium subscription to Hulu in 2018. He claims he didn’t receive high quality streaming services on his Hulu web browser despite company representations.

Other consumers have allegedly had similar experiences, prompting some subscribers to voice their concerns online.

On a Hulu community discussion post, one customer detailed their experience of having HD video quality when streaming through their FireStick on their television but suffering from “horrible” quality when watching on their PC.

A representative for Hulu reportedly responded to the post, stating “Apologies for the trouble! Our team is aware of this issue and are actively working to re-enable High Definition streaming on Hulu.com.” However, months later, commenters returned to the post to note that the problem was still an issue.

Both of the plaintiffs argue that they and other consumers would not have purchased the subscriptions or would not have paid as much if they had known that their Hulu web browser streaming would be of low quality.

However, the Hulu app TV subscribers note that they would consider Hulu as an option for high quality streaming services in the future if the company stops their web browser throttling.

According to the plaintiffs who filed their complaint in Los Angeles Superior Court, Hulu intentionally reduces video quality on their web browser for insidious reasons.

The subscribers claim that this “throttling” is done to encourage Hulu customers to stream through the service’s app – which allows Hulu to better collect and sell sensitive consumer data.

“Defendants prefer that users use the Hulu applications because, compared to computer browsers, applications provide more direct access to consumers’ personal data during online and offline use,” the Hulu app TV class action lawsuit argues.

Through their Hulu application, the streaming service is reportedly allowed to collect personal information such as location data, device serial numbers, email addresses, and more.

This information is allegedly valuable to advertisers, social media sites, and other third-parties. By forcing its subscribers to use their app, Hulu is reportedly able to collect valuable data and pass it on to these third-parties for a significant profit.

“This opens up a multitude of opportunities for defendants to customize their data collection and further monetize their subscribers,” the Hulu web browser class action notes.

According to the Hulu app TV class action lawsuit, the streaming service’s actions violate several laws including the California Consumer Legal Remedies Act, California’s Unfair Competition Law, New York’s consumer protection laws, and more.

The plaintiffs seek to represent a Class of Hulu subscribers in addition to two state subclasses from California and New York, respectively.

On behalf of themselves and these proposed Class Members, the two plaintiffs seek compensatory damages, statutory damages, punitive damages, restitution, interest, injunctive relief, court costs, and attorneys’ fees.

Have you tried to use Hulu’s streaming service on your computer? Did you notice low video quality or other streaming issues? Share your experiences in the comments section below.

Plaintiffs and the proposed Class are represented by L. Timothy Fisher, Frederick J. Klorczyk III, Brittany S. Scott, and Philip L. Fraietta of Bursor & Fisher PA.

The Hulu Web Browser Class Action Lawsuit is Atkinson, et al. v. Fox-Hulu Holdings Inc., et al., Case No. 20STCV14790, in the Superior Court of the State of California for the County of Los Angeles.

Read More Lawsuit & Settlement News:

Does the TCPA Emergency Exemption Include Coronavirus Info?

What Happens if Insurance Totals Your Car?

FDA Discusses Better Testing Methods for Finding Asbestos in Baby Powder

Bank of America Call Recording Lawsuit Reaches $1.9M Settlement