Fiorentino v. FloSports Settlement

A Court authorized a notice because Class Members had a right to know about a proposed Settlement of this class action lawsuit and about all their options, before the Court decided whether to give final approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights. A copy of the notice is available here.

The Honorable Angel Kelley, of the U.S. District Court for the District of Massachusetts, is overseeing this case. The case is called Fiorentino v. FloSports, Inc., Case No. 1:22-cv-11502-AK. The person who has sued is called the Plaintiff. The entity being sued, FloSports, is called the Defendant.

In a class action, one or more people called the class representatives (in this case, Plaintiff Christopher J. Fiorentino) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the class.

This lawsuit claims that FloSports violated the Video Privacy Protection Act, 18 U.S.C. § 2710, et seq. (“VPPA”) by disclosing its subscribers’ personally identifiable information (“PII”) to Facebook via the Facebook Tracking Pixel without consent. 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. The Court has not determined who is right. Rather, the parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

The Court has not decided whether the Plaintiff or FloSports should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation.

The Settlement Class is defined as:

All individuals 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.

Monetary Relief: FloSports will pay $2,625,000.00 to create a Settlement Fund.

Prospective Changes: In addition to this monetary relief, the Settlement also requires FloSports 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.

After deducting any Court-approved attorneys’ fees and expenses, service award for the class representative, and costs of settlement administration (including payment of any associated taxes), the Settlement Fund will be distributed to Settlement Class Members as a cash payment on a pro rata basis (meaning equal share). This means each Settlement Class Member who submits a valid claim will be paid an equal share from the Net Settlement Fund. The amount of the payments to individual Settlement Class Members will depend on the number of valid claims that are filed. Because the final payment amount cannot be calculated before all claims are received and verified, it will not be possible to provide an accurate estimate of the payment amount before the deadline to file claims.

The Court granted Final Approval of the Settlement on March 5, 2024. Eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment within 90 days after the Settlement has been finally approved and/or any appeals process is complete. In submitting their claims, Settlement Class Members could choose whether to receive their payment via PayPal, Venmo, or paper check. All checks will expire and become void unless cashed within 90 days after the date of issuance.

The Claim filing deadline was February 12, 2024. Claims are no longer being accepted.

The deadline for exclusion requests was January 12, 2024. Exclusion requests are no longer being accepted. If the Settlement becomes final, you will give up (or “release”) your rights to sue FloSports and certain of its affiliates (Released Parties) regarding the Released Claims, which are described and defined in Paragraphs 1.25 and 1.26 of the Settlement Agreement. Unless you excluded yourself (see FAQ 14), you released the Released Claims, regardless of whether you submitted a claim or not.

The Settlement Agreement describes the Released Claims with specific descriptions, so read it carefully. If you have any questions you may speak to the lawyers listed in FAQ 12 for free or you may, of course, speak to your own lawyer.

The deadline for Claims and exclusion requests was February 12, 2024. Exclusion requests are no longer being accepted.

If you did nothing, you will not receive any monetary benefit (cash payment) from this Settlement. Further, if you did not exclude yourself, you will be unable to start a lawsuit or be part of any other lawsuit brought against FloSports regarding the Released Claims.

The Court has appointed Rachel Geman (Lieff Cabraser Heimann & Bernstein LLP), and Hank Bates (Carney Bates & Pulliam PLLC) to be the attorneys representing the Settlement Class. They are called “Class Counsel.” After conducting an extensive investigation, they believe that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

Class Counsel’s attorneys’ fees, costs, and expenses will be paid from the Settlement Fund in an amount determined and awarded by the Court. The Court has approved attorney’s fees and costs in the amount of $875,000.

Class Counsel sought a Service Award for the Class Representative for his service in helping to bring and settle the case. The Court awarded the service award of $2,000 and the Service Award will be paid out of the Settlement Fund.

The deadline was extended from November 21, 2023, to January 12, 2024. Exclusion requests are no longer being accepted.

No “mass” or “class” opt-outs were allowed.

No. Unless you excluded yourself, you gave up any right to sue FloSports for the Released Claims being resolved by this Settlement.

No. If you excluded yourself, you may not submit a Claim Form to receive a monetary benefit (cash payment).

The deadline was extended from November 21, 2023, to January 12, 2024. Objections are no longer being accepted.

No “mass” or “class” objections were allowed.

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no right to object or file a Claim Form because the case no longer affects you.

The Court held a Final Approval Hearing on March 1, 2024, in Courtroom 8 at the John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, MA 02210. The Court granted Final Approval of the Settlement on March 5, 2024.

The Notice summarizes the Settlement, a copy of the Long Form Notice is available on the Important Documents page of this website. More details are in the Settlement Agreement.

You may also write with questions to Fiorentino v. FloSports VPPA Settlement Administrator, P.O. Box 2138, Portland, OR 97208-2138. You can call the Settlement Administrator at 1-877-619-4778 or Class Counsel at 1-888-551-9944 or 1-800-541-7358 if you have any questions. Before doing so, please read the full Long Form Notice carefully.

You may update your contact information by emailing the Settlement Administrator at info@FloSportsVPPASettlement.com or by writing to the address below:

Fiorentino v. FloSports VPPA Settlement Administrator
P.O. Box 2138
Portland, OR 97208-2138