A settlement over the class action lawsuit against Netflix for privacy issues, which included retaining personally identifiable data with respect to customer video renting and viewing habits, has been reached, and if you are a current or former Netflix subscriber, you may have received an email notice of the class action settlement. The email, sent from ?Online DVD Class Action Administrator?
It all stems from Netflix? practice of retaining both credit card and video renting and viewing habits of their customers, even a year or more after the customer has cancelled their service. While retaining aggregate rental and viewing data - not connected to a specific customer - is in keeping with current Internet business practices, it?s not cool to keep it coupled with personally identifying information of former customers. That is why part of the settlement involves Netflix ?decoupling? the data.
And, it?s never cool to keep your customers? credit card information once they are no longer your customers.
Of course, all that said, there is nothing in it for the average Netflix user (i.e., most members of the ?class? in the class action - including you, unless you are a ?named plaintiff?). What you get is the comfort of knowing that Netflix is no longer allowed to associate your viewing and rental data with you - at least, once you are no longer a Netflix customer.
If You Are a Current or Former Netflix Subscriber
A Class Action Settlement Could Affect You
Para una notificaci?n en Espa?ol, llamar 1-866-898-5088 o visitar www.VideoPrivacyClass.com
Our records show that you were a current or former Netflix subscriber as of July 5, 2012. We are emailing to tell you about a Settlement that may affect your legal rights. Please read this email carefully. Go to www.VideoPrivacyClass.com for more information.
A Settlement has been reached in a class action lawsuit that claims Netflix unlawfully kept and disclosed information, including records on the movies and TV shows its customers viewed. Netflix denies that it has done anything wrong.
What does the Settlement provide?
Netflix has agreed to change its data retention practices so that it separates (known as ?decoupling?) Entertainment Content Viewing History (that is, movies and TV shows that someone watched) from identification information for those subscribers who have not been a Netflix subscriber for at least 365 days, with some exceptions.
In addition, Netflix will pay $9 million into a Settlement Fund to:
? 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% or $2.25 million of the Settlement Fund, plus up to $25,000 in expenses.
? Pay a total incentive award of $30,000 to the Named Plaintiffs.
Proposals from potential donation recipients will be sought, and, after consideration, recommendations will be made to the Court. A list of the proposed donation recipients will be posted on the website.
Your Options
If you do nothing, you will remain in the Settlement and your rights will be affected. If you do not want to be included, you must exclude yourself by November 14, 2012. If you exclude yourself you will keep your right to sue Netflix about the claims in this lawsuit. If you remain in the Settlement, you can object to it by November 14, 2012.
The Court will hold a hearing on December 5, 2012 to consider any objections, whether to approve the Settlement, award attorneys? fees, and incentive award. You can appear at the hearing, but you don?t have to. You can hire your own attorney, at your own expense, to appear or speak for you at the hearing.
For more information: 1-866-898-5088
www.VideoPrivacyClass.com
PO Box 2750 Faribault, MN 55021-9750
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