1. What is this lawsuit about?
2. Why is this a class action?
3. Why is there a settlement?
4. Who is in the Settlement Class?
5. What does the Settlement provide?
6. How do I get a payment?
7. What rights am I giving up in this Settlement?
8. When will I be paid?
9. Do I have a lawyer?
10. Should I get my own lawyer?
12. What are my options?
13. When and where will the Court decide whether to approve the Settlement?
14. Do I have to come to the hearing?
15. May I speak at the hearing?
16. Who represents the Class?
17. Where can I get additional information?
The Video Privacy Protection Act (the “VPPA”), 18 U.S.C. § 2710, regulates the disclosure of “personally identifiable information” (as defined in the VPPA) relating to watching video content. This lawsuit alleges that Defendant violated the VPPA by allegedly disclosing personally identifiable information of Tubi users without complying with the statute. Defendant contests the claim and denies that it violated the VPPA or committed any other wrongdoing and denies that Plaintiff or the putative class members are entitled to recover anything from Defendant.
More information about the complaint in the lawsuit and Defendant’s position can be found in the Important Documents section.
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A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
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To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all claims relating to Tubi’s alleged targeted advertising and alleged disclosure of personally identifiable information of Tubi users against Defendant and its affiliated entities and individuals. The Settlement requires Defendant to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and a service award to the Class Representative, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law.
The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court has preliminarily certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given this notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. If the Court does not enter a Final Approval Order approving the Settlement, or if the Settlement Agreement is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.
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You may be a member of the Settlement Class if you used the Tubi video streaming service at any time between June 23, 2021, and August 26, 2024.
Excluded from the Settlement Class are: (1) any Judge presiding over this action and members of their families, (2) the Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parent(s) have a controlling interest, (3) persons who properly execute and file a timely request for exclusion from the Settlement Class, and (4) the legal representatives, successors or assigns of any such excluded persons.
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Cash Payments. If you’re eligible, you can file a claim to receive a cash payment. Click here to submit a claim. Each Settlement Class Member who submits a timely, valid Claim Form will receive an equal share of a $19,990,000 fund that Tubi has agreed to create, after the payment of settlement expenses, attorneys’ fees and expenses, and any service award for the named plaintiff in the litigation approved by the Court. The amount of such payment is unknown at this time and depends largely on the number of valid Claim Forms submitted.
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If you are a Settlement Class Member and you want to receive settlement benefits, you must complete and submit a valid Claim Form by November 28, 2024. An online Claim Form is available and can be filled out and submitted online here. also download a PDF of the Claim Form to mail in here.
We encourage you to submit a claim online. It’s faster, and it’s free.
The Claim Form requires you to provide the following information: (i) full name, (ii) an email address; (iii) if you registered for a Tubi account using a different email address, that email address; (iv) current U.S. Mail address; and (v) if you are not a registered Tubi user, but have watched Tubi: (a) the type of device on which you watched Tubi; and (b) the approximate date(s) that you watched Tubi.
Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement and is the only thing you need to do to receive a payment.
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Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Defendant or certain related entities and individuals relating to Tubi’s alleged targeted advertising and alleged disclosure of personally identifiable information of Tubi users. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, which is available here. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.
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The hearing to consider the fairness of the Settlement is scheduled for December 4, 2024, at 11:00 a.m. If the Court approves the Settlement, Settlement Class Members whose claims are approved by the Settlement Administrator will be sent a check or, if the Settlement Class Member elects electronic payment, through an electronic payment process established by the Settlement Administrator. Please be patient. All checks will expire and become void 90 days after they are issued. Uncashed checks will be donated to a not-for-profit entity agreed to by the Parties and approved by the Court, or such other organization as the Court may order consistent with the Illinois statutory requirements for cy pres recipients.
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Yes, the Court has appointed lawyers Evan Meyers, Eugene Y. Turin, and Jordan Frysinger of McGuire Law, P.C. to represent you and other Class Members. These attorneys are called “Class Counsel.” You do not have to pay for these attorneys to consult with them. In addition, the Court appointed Plaintiff Jacqueline Gregory to serve as the Class Representative. The Class Representative is a Class Member like you. Class Counsel can be reached by phone or email using the contact information set forth in the “Who Represents the Class” section below.
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You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer, but if you want your own lawyer, you will have to pay that lawyer.
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Class Counsel will ask the Court for attorneys’ fees of up to 35% of the Settlement Fund, plus expenses, and will also request a service award of $5,000.00 for the Class Representative from the Settlement Fund. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representative. The Court may award less than the amounts requested. Class Counsel’s request for attorneys’ fees, expenses, and a service award will be available on the Settlement Website when filed.
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1. Submit a Claim Form to Receive Money
To receive any money from the Settlement, you must submit a Claim Form by November 28, 2024. You may submit your Claim Form online here, or obtain a copy of the Claim Form by contacting the Settlement Administrator by U.S. Mail to Gregory v. Tubi, Inc., PO Box 25207 Santa Ana, CA 92799.
If the Settlement is approved and your claim is deemed valid, a check will be mailed to you, or electronic payment will be sent to the account you choose. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement and is the only thing you need to do to receive a payment. You may submit an electronic Claim Form a here or download a pdf of the Claim Form to mail in here.
2. Exclude yourself
You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense. All exclusion requests must (a) be in writing; (b) identify the case: Gregory v. Tubi, Inc., No. 2024-LA-0000209 (Cir. Ct. for the 17th Judicial Circuit, Winnebago Cnty.); (c) state the full name and current address of the person in the Settlement Class seeking exclusion; (d) identify the email address that you used to register for a Tubi account or, if you are contending that you used Tubi without registering, the type of device that you used and the approximate date(s) that you used Tubi, (e) be signed by you and sent directly by you to the Settlement Administrator; and (f) be postmarked or received by the Settlement Administrator on or before the October 31, 2024. Each request for exclusion must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in Gregory v. Tubi, Inc., No. 2024-LA-0000209 (Cir. Ct. for the 17th Judicial Circuit, Winnebago Cnty.).” You must mail or email your exclusion request no later than October 31, 2024, to:
Gregory v. Tubi, Inc.
Settlement Administrator
P.O. Box 25207
Santa Ana, CA 92799
info@VideoStreamingSettlement.com
All exclusion requests must be personally signed. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.
3. Object to the Settlement
If you wish to object to the Settlement, you must file a letter or brief in writing with the Clerk of the Court of the Circuit Court for the 17th Judicial Circuit, Winnebago County, Winnebago County Courthouse, 400 West State Street, Rockford, Illinois 61101. The objection must be received by the Court no later than October 31, 2024. You must also send a copy of your objection by email to the attorneys for all Parties to the lawsuit, including Class Counsel (Evan Meyers, Eugene Y. Turin, and Jordan Frysinger of McGuire Law, P.C., emeyers@mcgpc.com, eturin@mcgpc.com, jfrysinger@mcgpc.com), as well as Defendant’s counsel (Brandon Fox and David Layden of Jenner & Block, LLP, bfox@jenner.com and dlayden@jenner.com) no later than October 31, 2024. Any objection to the proposed Settlement must include: (a) your full name and current address, (b) the email address that you used to register for a Tubi account or, if you are contending that you used Tubi without registering, the type of device that you used and the approximate date(s) that you used Tubi, (c) the specific grounds for the objection, (d) all documents or writings that you desire the Court to consider, (e) the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection, (f) a statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel, who must file an appearance or seek pro hac vice admission); and (g) your signature. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection. No person may object to the Settlement through “mass” or “class” objections.
You may appear at the Final Approval Hearing, which will be held on December 4, 2024, at 11:00 a.m., in Courtroom 426 of the Circuit Court for the 17th Judicial Circuit, Winnebago County, Winnebago County Courthouse, 400 West State Street, Rockford, Illinois 61101, in person, remotely (Zoom ID: 848 2994 9543), or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the entry of the Final Approval Order, the request for attorneys’ fees and expenses, and/or the request for a service award to the Class Representative are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing
4. Do Nothing
If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against Defendants or other Released Parties regarding any of the Released Claims. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.
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The Court will hold the Final Approval Hearing at 11:00 a.m. on December 4, 2024, in person and remotely (Zoom ID: 848 2994 9543), before the Honorable Ronald A. Barch in Room 426 of the Winnebago County Courthouse, 400 West State Street, Rockford, Illinois 61101. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class; and whether it was made in good faith. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the service award to the Class Representative.
Note: The date and time of the fairness hearing are subject to change by Court Order. Any changes will be posted on this website.
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No. Class Counsel will answer any questions the Court may have. You are, however, welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
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Yes. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection and intend to appear at the hearing, you must state your intention to do so in your objection.
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The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.
Evan M. Meyers |
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This website and the Notice are only a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement which, along with other documents, can be obtained at the Important Documents section. If you have any questions, you can also call the Settlement Administrator at (888) 654-1277 or Class Counsel at the number or email addresses set forth in FAQ 16.
In addition to the documents available, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.
Please Do Not Contact the Court, the Judge, or the Defendant with Questions about the Settlement or Claims Process.
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