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Tubi Lawsuit: $19.99M VPPA Settlement & Mass Arbitration Dispute

Tubi Lawsuit

Tubi, the ad-supported streaming service owned by Fox Corporation, has recently found itself entangled in significant legal disputes. Central to these challenges are allegations of privacy violations and contentious mass arbitration claims. These legal battles not only highlight the complexities of digital privacy laws but also underscore the evolving dynamics between corporations and legal practitioners in the realm of mass arbitration and this page contains the in-depth information about Tubi Lawsuit.​

Alleged Privacy Violations and the VPPA Lawsuit

In mid-2024, Tubi faced a class action lawsuit alleging violations of the Video Privacy Protection Act (VPPA). The plaintiffs claimed that Tubi unlawfully shared users’ personally identifiable information with third-party advertisers without obtaining proper consent, thereby infringing upon their privacy rights. The VPPA, enacted in 1988, was designed to protect consumers from unauthorized disclosures of their video viewing histories. The lawsuit accused Tubi of leveraging sophisticated tracking technologies to collect and disseminate user data to enhance advertising revenues.

In response to these allegations, Tubi agreed to a settlement of $19.99 million. While the company denied any wrongdoing, the settlement aimed to resolve the claims amicably and avoid prolonged litigation. The settlement terms stipulated that U.S. users who accessed Tubi between June 23, 2021, and August 26, 2024, were eligible to file claims. Affected users were required to submit valid claim forms by November 28, 2024, to receive a portion of the settlement fund.

Mass Arbitration Dispute with Keller Postman

Tubi Lawsuit

Concurrently, Tubi became embroiled in a contentious legal battle with the law firm Keller Postman, renowned for its mass arbitration strategies. Keller Postman filed approximately 24,000 individual arbitration claims against Tubi, alleging discriminatory practices in targeted advertising based on age, gender, or sex. The firm contended that Tubi’s advertising algorithms unfairly discriminated against certain user demographics, leading to potential violations of anti-discrimination laws. ​

Tubi, however, challenged the legitimacy of these arbitration claims. In May 2024, the company filed a lawsuit against Keller Postman, accusing the firm of engaging in unethical practices by submitting numerous “cookie-cutter” arbitration demands without conducting thorough investigations. Tubi argued that this tactic was designed to overwhelm the company with substantial arbitration fees, estimated at $48 million, thereby coercing a settlement. ​

Escalation and Counter-Litigation

The dispute escalated further when Keller Postman initiated a lawsuit against Tubi and its legal representatives from Jenner & Block in December 2024. The law firm alleged that Tubi employed a private investigator, a former FBI agent, to contact Keller Postman’s clients who had withdrawn their arbitration claims. Keller Postman claimed that the investigator used deceptive and intimidating tactics to extract confidential information, thereby interfering with the attorney-client relationship. The lawsuit sought to prevent Tubi and its legal team from contacting Keller Postman’s clients and from utilizing any information obtained through these means. ​

In response, Tubi maintained that its actions were within legal bounds and aimed at uncovering the legitimacy of the mass arbitration claims. The company asserted that many of the arbitration demands lacked specific details and were filed without proper factual investigations, thereby constituting an abuse of the arbitration process. ​

Judicial Proceedings and Current Status

The legal tussle between Tubi and Keller Postman has drawn significant attention within legal circles, particularly concerning the ethical implications of mass arbitration strategies. As of early 2025, the courts are deliberating on multiple facets of this complex dispute. U.S. District Judge Ana Reyes, overseeing Tubi’s lawsuit against Keller Postman, has been critical of both parties, urging them to resolve their differences without resorting to “open warfare.” The judge has temporarily paused the case to allow for potential arbitration proceedings between the parties.

Simultaneously, the settlement related to the VPPA allegations is progressing toward final approval. A fairness hearing was scheduled for December 4, 2024, to assess the adequacy of the settlement terms. If approved, eligible claimants who submitted valid claims by the November 28 deadline can expect to receive their settlement payments in due course. ​

Implications for the Streaming Industry

Tubi’s legal challenges underscore the intricate landscape that streaming services navigate concerning user privacy and data practices. The allegations of unauthorized data sharing highlight the critical importance of compliance with federal privacy laws, such as the VPPA. As consumers become increasingly vigilant about their digital privacy, streaming platforms must ensure transparent data practices to maintain user trust and avoid legal pitfalls.​

Moreover, the mass arbitration dispute with Keller Postman brings to the forefront the evolving tactics employed by law firms in holding corporations accountable. While arbitration is traditionally viewed as a cost-effective alternative to litigation, the surge of mass arbitration filings presents new challenges for companies, potentially leading to substantial financial liabilities. This scenario may prompt corporations to reassess their arbitration clauses and explore more robust dispute resolution mechanisms.​

Conclusion

Tubi’s ongoing legal battles serve as a cautionary tale for the streaming industry and beyond. They highlight the necessity for stringent adherence to privacy laws and the need for preparedness in addressing mass arbitration claims. As these cases unfold, they will likely influence future legal strategies, corporate policies, and regulatory frameworks governing user data and dispute resolution in the digital age.

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