Vizio Will Pay $17M to Settle TV Data-Tracking Class Action Lawsuit

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Smart TV owners have reached a settlement worth $17 million in a class action lawsuit alleging Vizio secretly recorded and sold information about viewers’ watching habits.

Class Members can expect to receive between $13 and $31 under the terms of the Vizio data-tracking TV class action settlement agreement depending on the number of valid claims submitted, according to the plaintiffs’ motion for preliminary approval.

Additionally, the plaintiffs’ report that Vizio has agreed to turn over all of the proceeds it received from selling consumer data to third parties.

According to a number of Vizio data-tracking TV class action lawsuits, the company failed to obtain viewers’ consent when it started collecting information about their television watching behaviors. The cases were consolidated into multidistrict litigation in California in 2016.

After lengthy litigation, including several motions to dismiss submitted by Vizio, the plaintiffs’ emerged triumphant in July 2017.

A federal judge refused to dismiss and strike the class action after Vizio entered into a federal consent decree with the U.S. Federal Trade Commission over the alleged illegal collection of viewing habits. Vizio was ordered to pay $2.2 million by the agency.

A number of class action lawsuits were filed against the company alleging that televisions, as well as smart phones and other Vizio devices had been equipped with technology in 2014 that allowed them to collect user information without their knowledge or consent.

The software installation at issue was called “Smart Interactivity.”

The Vizio class action lawsuit alleged that the company then sold this information, again without consent, to third party advertisers.

Class Members, according to the motion for preliminary approval of the Vizio data-tracking TV class action settlement, include a nationwide Class of consumers who purchased a Vizio smart TV between Feb. 1, 2014 and Feb. 6, 2017. The award for each Class Member is estimated to be up to $31; however, the exact amount will depend on the number of valid claims submitted.

“This is not only important relief for the class, it sets an important precedent for the entire consumer electronics industry at a time when companies are leveraging new technologies to track customers without their knowledge or consent,” noted an attorney representing the Vizio settlement Class Members.

Vizio has also agreed to update information provided to smart TV owners regarding the collection of viewing information and how the company will sell or share that data. Further, data collected between Feb. 1, 2014 and Feb. 6, 2017, will be deleted.

The federal court has scheduled a hearing for the proposed settlement agreement in December of this year.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by Eric H. Gibbs, Andre Mura and Linda Lam of Gibbs Law Group LLP and Joseph W. Cotchett, Adam J. Zapala and Adam J. Trott of Cotchett Pitre & McCarthy LLP.

The Vizio Data Privacy Class Action Lawsuit is In re: Vizio Inc. Consumer Privacy Litigation, Case No. 8:16-ml-02693, in the U.S. District Court for the Central District of California.

UPDATE: On Feb. 8, 2019, the Vizio smart TV class action settlement is now open. Click here to file a claim.