Criterion Channel Class Action Settlement

[redbill]

Did anyone get an email about Class Action suit against Criterion Channel? Interested in your thoughts

[Buttery Jeb]

Did anyone get an email about Class Action suit against Criterion Channel? Interested in your thoughts

Was just about to ask that too.

[jedgeco]

Got it this morning.

As a lawyer who has been on the receiving end of these sorts of "wiretapping through cookies" demands (but I have not read the specific complaint here), Criterion's "crime" is operating in the modern internet economy, and the real bad guy is Meta / Facebook; Criterion didn't violate your privacy, Meta did.

[brewingluminous]

I'm not well versed in the process, but also received the "Proposed Class Action Settlement" email. Is the payout money already allocated, i.e. does it affect Criterion in any way at this point if we do submit a claim from the Class Action email?

Criterion is one of the few companies I feel some loyalty to and want to stick around. I certainly feel I've more than gotten my money's worth with the channel and the related coupons, however if it's already allocated then I'm happy to submit a claim and perhaps put it towards a future Criterion order.

[jedgeco]

does it affect Criterion in any way at this point if we do submit a claim from the Class Action email? ....

The settlement FAQ says that CC is making $4.5 million available to settle the class claims. Class counsel can be awarded 1/3 of that (but the court can award less); lead plaintiffs (i.e., the ones named on the complaint) can receive up to $2,500 each; and expenses are deducted.

After that, the remainder is split proportionally among everyone who files a claim. If you don't file a claim, you get nothing and have no future recourse against Criterion. You can also object to the settlement and preserve your claims against Criterion.

So if you file a claim, the amount you receive is entirely dependent on how many others file claims.

if [the settlement money is] already allocated then I'm happy to submit a claim and perhaps put it towards a future Criterion order.

This is what I plan to do.

[Matt]

The settlement fund here is divided up among the people who file claims, so if you don’t submit a claim, you are essentially letting everyone else who does file a claim have a slightly higher share.

Some settlements provide each claimant a fixed award (like two years of free credit monitoring for all those data leak cases). This one does not appear to do that. The lawyers will probably get about a third of the fund, the plaintiffs get a big share, the court costs and all that are paid, then the remainder gets divvied up equally to people like us.

EDIT: yeah, what jedgeco said.

[dwk]

I haven't gotten the email, so I guess I'm not going to get in on that sweet sweet class action. I wonder how many people would opt for store credit if it were one of the payment options?

[jedgeco]

I wonder how many people would opt for store credit if it were one of the payment options?

Coupons / credits are not available anymore in most federal class action settlements; class action plaintiff lawyers often would arrange a settlement that would get them cash and the class members would get a coupon they would (or could) never use.

If you were a Channel subscriber between 2022 and 2024, you are part of the class and will receive notice to whatever email you subscribed with. If for some reason you don't, contact the claims administrator.

[yoloswegmaster]

I haven't gotten the email, so I guess I'm not going to get in on that sweet sweet class action. I wonder how many people would opt for store credit if it were one of the payment options?

I got the email but you can only apply to receive compensation if you're a U.S. citizen, which sucks for me...

[Matt]

Criterion didn't violate your privacy, Meta did.

Disclaimer: I am not a lawyer.

Looking at the original complaint more closely, it seems like it might have been Vimeo, on whose "over-the-top" (OTT) platform The Criterion Channel runs; the data analysis service Vimeo used, Twilio's Segment; and Meta who's really at fault here. For the purposes of the lawsuit, Vimeo, Twilio, and Meta are considered third parties. I suspect that Criterion blindly relies on Vimeo as a turnkey service to host and stream their video.

According to the complaint, Vimeo collected information on what video you watched, what browser/OS/device you are used, whether you watched the video all the way through, and other information pertinent to a streaming provider, but also collected your full name and email address and location and, in some cases, created a persistent ID number for you. Vimeo then used Twilio's Segment API to collate and analyze that personally identifiable information (PII). Then Twilio could provide all that information to the hundreds of thousands of other companies that use Segment, including Meta, allowing them to track your use of other apps and services, build a demographic profile of you, and target you for personalized advertising.

According to the amended complaint (combining separate class action lawsuits into one), Meta's Pixel was also used on the Channel's website. Pixel could tie your Criterion Channel account to your Facebook account using cookies and collect and share your information with Meta's advertiser clients.

Although the collection and sharing of personal data is now common practice (and you agree to it when you sign up for services), it's Criterion's disclosure of personal information tied to your video viewing habits to Vimeo, Twilio, Meta, and other third parties without your consent that is against federal law (the Video Privacy Protection Act [“VPPA”], 18 U.S.C. § 2710, 1988).

This seems like a really simple but really expensive mistake by Criterion to trust third parties with your data, not realizing that simply by sharing a particular piece of that data they were breaking federal law. Just like the rest of us, they probably clicked "Accept" on the Terms and Conditions without reading it.

[jedgeco]

it's Criterion's disclosure of personal information tied to your video viewing habits to Vimeo, Twilio, Meta, and other third parties without your consent that is against federal law (the Video Privacy Protection Act [“VPPA”], 18 U.S.C. § 2710, 1988).

This is the key point for this particular settlement. A lot of website operators are telling potential plaintiffs to pound sand over similar "wiretapping" allegations, but the VPPA has per-user statutory damages that have real teeth, so Criterion really had no choice but to settle.

[dwk]

So I never got an email about this, but I just got a card in the snail mail about it.

[Lowry_Sam]

I didn't receive an email or a card. Do you hav to have a Facebook account? I deleted mine.

[yoloswegmaster]

You have to check your junk mail for the email.

By the way, since this whole situation sounds like it stems from Vimeo, wouldn't Arrow be guilty of the same thing since they use the same platform that the Channel does or did they change it?

[dwk]

I didn't receive an email or a card. Do you hav to have a Facebook account? I deleted mine.

No facebook. I did check my spam folder a few times and there was never an email from them, but after I submitted my claim I did get a confirmation email.

[Matt]

By the way, since this whole situation sounds like it stems from Vimeo, wouldn't Arrow be guilty of the same thing since they use the same platform that the Channel does or did they change it?

Almost certainly. It might just be that Arrow didn't get caught doing it and sued for it. Tons of streaming providers use the Vimeo OTT service, including Martha Stewart TV, National Theatre, and IndieFlix. Also, they might not have used the same analytics tools or Facebook tracking the Channel did.

[Maladroit Aggregator]

Whatever happened with this situation? When do I get my payout?

[fdm]

Probably another black hole where you sign up and never hear or get anything. I've probably done these things a dozen times and maybe got one a long time ago. (Just filed the deep discount one and sent in an at&t one…)

[Matt]

The FAQ on the website says: The hearing to consider the fairness of the settlement is scheduled for Wednesday, October 15, 2025 at 2:30 pm ET. If the Court approves the settlement, eligible Class Members whose claims were approved by the Settlement Administrator will receive their payment sixty (60) days after the Effective Date.

So, we should see payments coming December 15th-ish? If the date of that final hearing is the "effective date."

[jedgeco]

The judge did approve the settlement on 10/15. Total amount is $4.5M, with $3M going to class members on a pro rata basis. So if you joined the class, you should receive payment soon.

[Maladroit Aggregator]

I submitted a claim at the appropriate time, received a claim number, etc. But I don't recall what if any info we had to initially provide them, nor do I see a way to check on that info on their site (no "account" or "sign in" for example) - what if we have since changed our address or banking information? Or will they gather that (current) info via email request when sending out claims?

[Matt]

But I don't recall what if any info we had to initially provide them, nor do I see a way to check on that info on their site (no "account" or "sign in" for example) - what if we have since changed our address or banking information?

You would have had to provide them some option for receiving the payment: a mailing address for a paper check, a Zelle account, or a Venmo/Cash App/PayPal account. If you've since changed whatever option you submitted, you might not get your payment.

[Maladroit Aggregator]

But I don't recall what if any info we had to initially provide them, nor do I see a way to check on that info on their site (no "account" or "sign in" for example) - what if we have since changed our address or banking information?

You would have had to provide them some option for receiving the payment: a mailing address for a paper check, a Zelle account, or a Venmo/Cash App/PayPal account. If you've since changed whatever option you submitted, you might not get your payment.

[WrathOfAguirre]

Well, damn. I’ve been a Criterion Channel subscriber since launch, but had no awareness of this suit until seeing this thread get bumped (never received an email, or it went to Junk and was automatically deleted after 30 days). I reckon I’m SOL now, in seeing any of the money.

Reading about this, though, just makes me loathe Meta even more than I already do. $4.5 million is mere couch cushion change to them, but is surely a significant impact to Criterion’s bottom line.

[Matt]

Criterion is now owned by a man worth an estimated $8.9 billion. They'll be fine.