Samsung class action alleges TVs illegally track viewing data to sell for profit

Samsung class action lawsuit overview:

• Who: A group of Samsung TV owners filed a class action lawsuit against Samsung Electronics America Inc.
• Why: The plaintiffs allege Samsung illegally tracks, stores and sells TV owners’ viewing data without their knowledge or consent.
• Where: The Samsung class action lawsuit was filed in New York federal court.

A new class action lawsuit alleges Samsung Electronics America Inc. illegally tracks, stores and sells the viewing data of its Samsung TV owners without their knowledge or consent.

Five plaintiffs filed the class action complaint against Samsung on Jan. 9 in New York federal court, alleging violations of state and federal privacy laws.

The lawsuit claims Samsung’s smart TVs include automatic content recognition (ACR) software that tracks what consumers watch and shares this data with advertisers.

Samsung has sold this data to companies like Google and X (formerly Twitter) for targeted advertising, all without obtaining informed consent from its customers, the Samsung class action says.

The plaintiffs allege that Samsung’s ACR tools record the image and audio played on Samsung TVs every 500 milliseconds, identifying the content being watched, regardless of its source.

This data includes information about programs watched, content streamed through third-party apps, and even information displayed when the TV is used as a computer monitor.

Class action: Samsung monetizes TV owners’ data without consent

The plaintiffs argue that Samsung’s ACR tools allow the company to trace viewing data back to specific consumers, even in households with multiple Samsung TV users.

The five allege that Samsung never obtained informed consent from TV owners to collect or share their viewing data. They claim Samsung’s privacy notice is misleading, as it only mentions “processing” viewing history, not the extent of data collection and sharing that actually occurs.

The plaintiffs allege Samsung’s actions violate the Video Privacy Protection Act (VPPA), which was enacted in 1988 to prevent unauthorized disclosure of video consumption data. They also allege Samsung violated state privacy laws in California, New York, Vermont and Maryland.

As a result of Samsung’s conduct, the plaintiffs claim they and other class members have suffered invasion of privacy, loss of trust in electronics retailers, emotional distress and diminished value of their personal data.

The plaintiffs are demanding a jury trial and seeking damages, including statutory damages under the VPPA, as well as injunctive and equitable relief.

Samsung is also facing separate class action allegations that its Galaxy Watch bands contain excessive levels of per- and polyfluoroalkyl substances (PFAS) and that it uses its website to unlawfully collect and disclose visitors’ private data and communications.

Do you own a Samsung smart TV? Let us know what you think of the allegations in the comments.

The plaintiffs are represented by Alyssa Tolentino of Siri & Glimstad LLP.

The Samsung class action lawsuit is DiGiacinto, et al. v. Samsung Electronics America, Inc., Case No. 1:26-cv-00196, in the U.S. District Court for the Southern District of New York.

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