SANTA ANA, Calif. (Legal Newsline) – A Valley Village man is suing one of the largest companies in the LCD television market over allegedly tracking and selling data without consumers' consent.
Barry W. Weiss, individually and for all others similarly situated, filed a class action lawsuit Nov. 25 in the U.S. District Court for the Central District of California, Southern Division against Vizio, alleging violations of the Video Privacy Protection Act and the California Business and Professional Code, and breach of good faith and fair dealing.
On April 4, 2014, the suit states, Weiss bought a 42-inch Vizio E420i-B0 Smart television through Costco.com. "Smart" televisions are able to connect to the Internet and access Internet-based content.
The suit states that during the time Weiss' television was connected to the Internet, Vizio improperly collected and sold his viewing data and IP address without his consent or knowledge.
Other competitors track consumer viewing, but only after the individual has expressly opted-in, according to the suit. Vizio, on the other hand, enrolled more than 8 million televisions into its tracking program without consumers' knowledge.
Weiss and others in the class seek actual, general, special, incidental, statutory, and consequential damages, plus interests, injunctive and/or declaratory relief, and attorney fees and costs.
They are represented by attorneys Jon Borderud of the Law Offices of Jon Borderud in Santa Barbara; Charles J. LaDuca (pending pro hac vice) and William Anderson (pending pro hac vice) of Cuneo Gilbert & Laduca in Bethesda, Maryland and Washington, D.C.; and Robert K. Shelquist and Rebecca A. Peterson of Lockridge Grindal Nauen in Minneapolis.
U.S. District Court for the Central District of California, Southern Division Case number 8:15-CV-01984-AB-AFM