Emerson Scott, LLP Files Privacy Violation Class Action Lawsuit Against Vizio Holdings, Inc., VIZIO, Inc., and Cognitive Media Networks, Inc.

HOUSTON, April 12, 2016 -- Emerson Scott, LLP announces that it has filed a class action lawsuit in the United States District Court for the Central District of California, William Lara, et al v. Vizio Holdings, Inc., et al., Civil Action No. 8:16-cv-00679, on behalf of a nationwide class of purchasers of VIZIO televisions that were equipped with, or thereafter updated to include, Smart Interactivity data collection software.  A number of cases involving this matter have been filed and centralized before the Honorable Josephine L. Staton in the United States District Court for the Central District of California. 

There are approximately ten million VIZIO smart TV’s equipped with the company’s VIZIO Internet Apps (VIA or VIA Plus) smart platform, with its tracking algorithm called “Smart Interactivity.”  This allows VIZIO to keep track of the users’ viewing habits without their knowledge. VIZIO may share that data with advertisers, sometimes without camouflaging a user's Internet Protocol (IP) address, and advertisers can then connect those habits to a particular user's other electronic devices.  The tracking is turned on by default and the user who wants to escape being tracked has to opt-out. 

Plaintiffs allege that this class action brought against VIZIO and Cognitive Media, arises due to the aforementioned collection of the private information of users and purchasers of these “smart” TVs which began no later than October, 2015. Plaintiffs also allege that this information, based on the viewing habits of users and purchasers in the privacy of their own homes and collected without the knowledge and agreement of consumers, is sold by the defendants to third parties, again without the consent or knowledge of consumers.  Plaintiffs further allege that Defendants’ collection, dissemination and profiteering from this unauthorized collection of personal information violated federal and state laws and the privacy rights of consumers. 

Plaintiff seeks to recover damages and injunctive relief on behalf of all purchasers of VIZIO televisions that were equipped with, or thereafter updated to include, Smart Interactivity data collection software.  The plaintiffs are represented by the Houston-based firm of Emerson Scott, LLP with offices in Houston, Texas and Little Rock, Arkansas.  Emerson Scott, LLP is a boutique law firm specializing in results, integrity, and personal service. Emerson Scott, LLP has devoted their practice to consumer privacy and data breach class actions.  It is deeply involved in data breach cases such as the Anthem, MIE, OPM, and Experian data breach cases.

If you purchased one of the affected VIZIO televisions and are concerned about your privacy rights, please contact plaintiff’s counsel, Emerson Scott, LLP, at the following toll-free number: 800-663-9817, or via e-mail to John G. Emerson ([email protected]) or David G. Scott  ([email protected]). A copy of the complaint is available from the Court or from Emerson Scott, LLP.