Floracing class action lawsuit?
I keep getting this email. Anyone else?
United States District Court for the District of Massachusetts
This is a reminder that the deadline to file a Claim and potentially receive payment under the FloSports Class Action Settlement is February 12, 2024.
To receive a payment, you can file a claim online here by February 12, 2024.
A court authorized this Notice. You are not being sued.
This is not a solicitation from a lawyer.
Our records indicate you may be a Settlement Class Member. Settlement Class Members are all individuals residing in the United States who, from September 13, 2020, to and through August 23, 2023: (1) is or was a Facebook user; (2) subscribed or otherwise signed up for access to Defendant’s services; and (3) requested or obtained any prerecorded (including on-demand replay) videos available on any FloSports website.
A settlement has been reached in a class action lawsuit claiming that Defendant, FloSports Inc., disclosed its subscribers’ personally identifiable information to Facebook, without its subscribers’ consent, in violation of the Video Privacy Protection Act (the “VPPA”). Defendant denies that it violated any law but has agreed to the settlement to avoid the uncertainties and expenses associated with continuing the case.
How Do I Receive a Payment? You can file a claim online here. You must submit your Claim Form by February 12, 2024. You can choose to receive an electronic payment or a check.
What Can I Receive? If approved by the Court, Defendants will create a Settlement Fund of $2,625,000 for the benefit of the Settlement Class. The Settlement Fund will be distributed to Settlement Class Members who file a timely and complete claim on a pro rata basis (meaning equal share), after subtracting any Court-approved attorneys’ fees and expenses, Service Award for the Class Representative, and costs of settlement administration (including any associated taxes).
The Settlement also requires Defendant to suspend operation of the Facebook Tracking Pixel on any pages on its website that both include video content and have a URL that identifies the video content viewed, unless and until the VPPA were to be: (a) amended to expressly permit (and not prohibit) the Released Claims, (b) repealed, or (c) invalidated by a judicial decision on the use of website pixel technology by the United States Supreme Court or the First Circuit Court of Appeals, or until Defendant obtains VPPA-compliant consent for the disclosure of the video content viewed.
When Will the Court Review the Proposed Settlement? The Court will hold the Final Approval Hearing at 11:00 a.m. on March 1, 2024, in Courtroom 8 at the John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, MA 02210. The Court will decide whether to approve: (1) the Settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; (2) Class Counsel’s request for attorneys’ fees and expenses; and (3) a Service Award to the Class Representative.
How Do I Get Additional Information? For more information, including the Claim Form, detailed Notice, and Settlement Agreement, go here, call the Settlement Administrator at 1-877-619-4778, write to FloSports VPPA Settlement Administrator, P.O. Box 2138, Portland, OR 97208-2138, or contact Class Counsel at 1-800-541-7358 or 1-888-551-9944.
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