Fiorentino v. FloSports Settlement

A settlement has been reached in a class action lawsuit against FloSports, Inc. (“FloSports”). The class action lawsuit alleges FloSports disclosed its subscribers’ personally identifiable information (“PII”) to Facebook via the Facebook Tracking Pixel, without its subscribers’ consent, in violation of the Video Privacy Protection Act (“VPPA”). The VPPA defines PII to include information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider. FloSports denies that it violated any law but has agreed to the settlement to avoid the uncertainties and expenses associated with continuing the case.

You are included in the Settlement Class if you are an individual residing in the United States who, from September 13, 2020, to and through August 23, 2023:

1. is or was a Facebook user;
2. subscribed or otherwise signed up for access to FloSports’ services; and
3. requested or obtained any prerecorded (including on-demand replay) videos available on any FloSports website.

Individuals included in the Settlement will be eligible to receive cash payment pro rata (meaning equal) portion of the Net Settlement Fund. The Settlement also requires Defendant to suspend operation of the Facebook Tracking Pixel on any pages on its website that both include video content and have a URL that identifies the video content viewed, unless and until the VPPA were to be: (a) amended to expressly permit (and not prohibit) the Released Claims, (b) repealed, or (c) invalidated by a judicial decision on the use of website pixel technology by the United States Supreme Court or the First Circuit Court of Appeals, or until FloSports obtains VPPA-compliant consent for the disclosure to Facebook of the video content viewed.

Your Legal Rights and Options in This Lawsuit

Submit a Claim Form	The only way to receive a cash payment is to submit a Claim Form. You may file a Claim on this website or print and mail a completed Claim Form to the FloSports VPPA Settlement Administrator. As a Settlement Class Member, you will give up your rights to sue FloSports in the future regarding the claims in this case. The Claim Filing Deadline has been extended to February 12, 2024.
Exclude Yourself	You will receive no benefits, but you will retain any rights you currently have to sue FloSports regarding the claims in this case. The Exclusion deadline has been extended to January 12, 2024.
Objection	Write to the Court explaining why you don’t like the Settlement. The Objection deadline has been extended to January 12, 2024.
Go to the Final Approval Hearing on March 1, 2024	Ask to speak in Court about your opinion of the Settlement.
Do Nothing	You won’t get a share of the Settlement benefits and will give up your rights to sue FloSports regarding the claims in this case.

These rights and options—and the deadlines to exercise them—are explained further in the Notice and on the Frequently Asked Questions (FAQs) page of this website.