If You Are a Current or Former Netflix Subscriber A Class Action Settlement Could Affect You.
A class action settlement has been reached in a class action lawsuit against Netflix, Inc. (“Netflix” or “Defendant”) pending in the United States District Court for the Northern District of California (styled In re Netflix Privacy Litigation, No. 5:11-cv-00379-EJD), alleging, among other things, that Netflix kept and disclosed information, including records on the movies and TV shows its customers viewed, in violation of the Video Privacy Protection Act and other laws, according to the Netflix Video Privacy class action settlement notice.
The Netflix Video Privacy Settlement Class includes, unless otherwise excluded, anyone in the U.S. or its territories who is a current or former Netflix subscriber as of July 5, 2012.
Under the Netflix Video Privacy class settlement Netflix has reportedly agreed to change its data retention practices so that it separates (known as “decoupling”) Entertainment Content Viewing History (that is, movies and TV shows that someone watched) from identification information for those subscribers who have not been a Netflix for at least 365 days, subject to certain exceptions.
Under the Netflix Video Privacy settlement, Netflix has also agreed to establish a $9 million Settlement Fund that, subject to Court approval, will be used to: (1) make donations to not-forprofit organizations, institutions and/or programs approved by the Court, (2) pay notice and settlement administration expenses, (3) pay the Fee Award (attorneys’ fees and out of pocket costs) to Class Counsel, and (4) pay a total incentive award of $30,000 to the Named Plaintiffs ($5,000 each) for their services in helping to settle the Netflix Video Privacy case.
A class action settlement fairness hearing has reportedly been set for December 5, 2012 at 10:00 a.m. before Judge Edward J. Davila in his courtroom at the United States District Court for the District of the Northern District of California (San Jose Division), Robert F. Peckham Federal Building, 280 South 1st Street, Courtroom 4 – 5th Floor, San Jose, California 95113, at which time the Court will hear any objections to the proposed Netflix Video Privacy settlement, including the amount requested by Settlement Class Counsel for attorneys’ fees and expenses.
You can view the Netflix Video Privacy Settlement Agreement and get more information on the Netflix Video Privacy class action at www.VideoPrivacyClass.com or by calling toll-free 1-866-898-5088.
If You Have Thoughts On The Netflix Video Privacy Class Action Lawsuit Settlement, Share Your Netflix Video Privacy Class Action Settlement Comments Below.
So what does this mean for all of us that have been customers of netflix for the last 5 years?
Go to http://www.videoprivacyclass.com/CommonlyAskedQuestions.aspx to learn more, but essentially it makes netflix pay $9 mil to some non-profit orginizations, and about $25,000 to these lawyers spearheading this lawsuit. The end users get absolutely nothing back, other than higher Netflix mothly costs, or no Netflix at all.
All this because it kept your viewing history…. hope everyone’s happy with ruining a good thing.
I totally agree. It was bad enough when we had to choose either mail or streaming, but now our rates will go up again, while the choices continue to go down.
A simple fix would be to add a couple of buttons for:
1) KEEP viewing history
2) DON’T KEEP history
(for those who need to hide their x-rated shows)
Yes, and if we’re going to have frivolous spending of the customers money, why don’t we make them set up about 20,000 different non-profits? That would really keep those lawyers and accountants in a job. Make them earn it, at least.
So how did “I” ruin a good thing? I haven’t done anything.
This is just another frivolous class-action suit designed to shift $$ from large businesses into the hands of greedy lawyers. As these suits have proliferated over the years, I have been notified of dozens in which I am/was a “class member”. There has not been a single one in which I felt the company was guilty of any wrongdoing. Another common thread is that, other than the small group of original complainants who receive a few thousand dollars each, each member of the class never receives value in excess of about $20. However, the LAWYERS ALWAYS receive 25-35% of the TOTAL settlement amount which, amounting to multi-millions every time. The legal profession has latched on to these as an easy way to get huge settlements, as the class members typically do nothing – no objection to the settlement and no exclusions. I urge everyone who is party to this suit and any such frivolous suits in the future to go to the small amount of trouble to send a quick statement of your desire to be excluded from the settlement directly to the exclusion notification address shown in the materials received for each case. Ultimately, the cost of these ridiculous suits gets picked up by the consumer in the form of higher costs of goods and services provided by the companies.
“How much will I receive?
ANSWER:
The settlement fund will be used to make donations to not-for-profit organizations. Class members will not receive payments.”
Quote from their FAQ on the website link I was sent by their administrator.
Can anyone explain to me how it’s fair that I will receive about $20 from this class action while the named plaintiffs will receive between $5,000 – $30,000? That doesn’t seem fair at all. I’d rather be a named plaintiff OR see no one be a named plaintiff.
Because you aren’t doing anything, and they’re the ones who brought it up and are going through effort.
If you bothered to read the faq, you’d know you can exclude yourself in order to sue them yourself as a plaintiff, but I guess it’s not fair if you actually had to lift a finger to get $$$$s.
Yes I do
I’m curious to know how Video Privacy Class got my email??? I’ll be suing them next for bothering me…and spamming my inbox
Wow, whose dumb idea was to give the rest of this money to charity? Its just I don’t like it when someone who is going to get money out of this denies the rest of the people that chance.
You don’t get it?……. $8.99 a month to get stream movies (lots of choice). What a deal. So they cut out or wanted to charge to MAIL out later movies for another $7 per month, whats wrong ????. For 8.99 per month you got unlimited movies plus at least 2 movies per week mailed to you, they were really loosing money on the mail out devision. It had to stop or they would go broke. the only people who would PROFIT is USPO.You know the cost of mailing these 2 movies and returns which was paid by netflix ??? = possibly $12 to $15 per month. Do the math.
Streaming is a super deal at today’s prices, so thats why i’m keeping Netflix. THE ONLY ONES GETTING THE REAL MONEY HERE IS THE SCUMBAG LAWYERS. They DON”T contribute to anything to better our way of life. They only look for ways to.USE to us us to PROFIT.
WAKE UP CITIZENS
Wow! First of all our privacy rights have been violated! Are you not just a little bit curious as to whom your personal viewing history was disclosed or possibly sold to? Personally I am interested in knowing if my viewing history was disclosed to some government agency or sold to some cheezy market research company. I know it is difficult living in the shadow of the Patriot Act to see back to the day when privacy was considered a right, but try. I feel disrespected by Netflix and so should you!
“Now the right to life has come to mean the right to enjoy life, — the right to be let alone.”
– Samuel Warren and Louis Brandeis, 1890.34
Who IS the Third Party? and to what gain are they getting from the data they received?
“Their are 901 million monthly active Facebook users at the end of March 2012.”
I guess about half share their favorite movies/T.V. shows.
SO what does it matter?
This is the age of information. When I turn on my computer, log on and give out my personal information to someone else. I have to trust them. trust that they will not use it to discredit or ruin me or my name. If I didn’t like it, I wouldn’t use their services.
Plain and simple.
Its The Users Choice.
Take responsibility.
yes I’d like that. Netflix keep raising the fees on me for couple years and Im hearing impaired, complained to them with too much monies of their fees from 8.99 per mo up to my last pymt 21.99 and they dont have many close captioned for me ….they said that this was not their responsible. I want you to go ahead sue them cuz I will never go back to Netflix. I have hulu now that I like the best. I want all my monies back. thanks
Anyone who feels the settlement is not in their best interest can either, (1.) Exclude themselves from the settlement (in writing) and seek awards for damages on their own (consulting with an attorney).
(2.) Object to the settlement as a class action member (probably making an argument to the point that “why are awards for violation of the class members’ civil rights going to a charity fund?”
It seems to me that only three parties stand to benefit from this settlement, the Plaintiffs, the class attorneys, and Netflix. Perhaps all three parties are betting on none of the other class members responding to either of the two aforementioned courses of action. Do nothing and only three parties will benefit.
Some class members are in no financial position to afford such a generous act of philanthropy. Why is this course of action being decided for them?
The following website may be worth a look : http://www.ulduzsoft.com/2012/07/objection-to-the-netflix-class-action-settlement/
i think it’s unfair that these greedy lawyers have an autmatic right to include me and you I to go to alot effort (also disclosing personal information) to remove myself i believe my rights are being severely impaired here
Guys, please, can you help me? I am from USA and I don’t understand in English very well. I received an email mentioning a class action suit against Netflix. I don’t know what It means for me?? I must do anything? I am a little bit afraid of this.. Is there possible that we will have any problems because I was a Netfix customer?? Thank you so much for answer.
I been with netflix for a while,when I first with them .They said it’s only
$7.99 to receive dvd in mail. A couple months went by and I notice that more than $7.99 was coming out of my account .A few day’s later I called them and ask them why were they taking so much out of my account. They said I order both , I told them to stop this{ ASAP} they said could’nt because it was at the beginning of the cycle. I have to wait to the end of the month.As of this day I have cancel my subscription.I’m very unhappy with this type of service.I deserve these type’s of lies to be told to me or to other customers.
I have been cheated by nexflix and hurt by their actions.
I feel I have been made a fool and my privacy has compromise
I want to be excluded!
I feel that this not right our rights should be included with the named people. The class won’t get anything and I feel the non-profit places should not get anything. They should give a $5000 check to everyone that was a member during the time that happened and up to now.