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In re Vizio, Inc. Consumer Privacy Litigation

238 F. Supp. 3d 1204 (2017)

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In re Vizio, Inc. Consumer Privacy Litigation

United States District Court for the Central District of California

238 F. Supp. 3d 1204 (2017)

Facts

Vizio, Inc. (defendant) manufactured smart TVs, enabling consumers to watch streaming video services from their televisions via an internet connection. Vizio’s smart TVs came with preloaded software that collected data about consumers’ viewing habits. Vizio sold this information to third parties. In addition to viewing history, the data Vizio collected included the purchaser’s media access control (MAC) address, internet protocol (IP) address, zip code, and region and language settings. Vizio consistently sent software updates to its smart TVs to improve and update their performance. The plaintiffs sued Vizio, alleging that Vizio’s failure to adequately disclose the data collection violated the Video Privacy Protection Act (VPPA). Vizio filed a motion to dismiss. Vizio argued that, under the VPPA, (1) it was not a videotape service provider, (2) the plaintiffs were not consumers, and (3) the data collected did not constitute personally identifiable information.

Rule of Law

Issue

Holding and Reasoning (Staton, J.)

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