Current and former Netflix subscribers are being emailed to inform...
Current and former Netflix subscribers are being emailed to inform them about a recent settlement agreement in the class action lawsuit in which the company was accused of violating the Video Privacy Protection Act and other laws. The emails were…
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required by U.S. District Court Judge Edward Davila in San Jose, Calif., and were to be handled by the settlement administrator, according to the amended order granting a motion for preliminary approval of the settlement that was filed early this month. Under the proposed settlement, Netflix denied any wrongdoing, but agreed to change its data retention practices so it separates entertainment content viewing histories from the identification information for subscribers who haven’t been Netflix subscribers for at least 365 days, with some exceptions. The company also agreed to pay $9 million into a settlement fund that will make donations to court-approved not-for-profit organizations, institutions or programs; pay notice and settlement administration expenses; pay attorneys’ fees of up to 25 percent, or $2.25 million, of the settlement fund, plus up to $25,000 in expenses; and pay a total incentive award of $30,000 to the named plaintiffs. The email we received said if current and former Netflix subscribers did nothing, they'd be included in the settlement, and if they didn’t want to be included they must exclude themselves by Nov. 14. Those who exclude themselves will keep their right to sue Netflix on the same claims made in the suit, the email said. Those who remain in the settlement can object to it by Nov. 14, the email said. The court will hold a final hearing on the settlement Dec. 5. The suit was filed last year by former Netflix subscribers Jeff Milans and Peter Comstock. Several similar suits followed, and all were consolidated under one action.