Migliaccio & Rathod LLP is investigating whether VIZIO smart TVs collect and share viewing, device, and household information through Automatic Content Recognition (“ACR”) and related tracking technologies in ways consumers may not fully understand.
VIZIO states that its internet-connected televisions use ACR technology to collect “Viewing Data” when the feature is enabled. That information can include audio and video programming, advertisements, gaming content, devices connected to the television, third-party apps, whether the TV is on or off, and other usage information. VIZIO also associates Viewing Data with the television’s IP address and a unique device identifier.
VIZIO further states that Viewing Data may be combined with information from data brokers or advertisers, including demographic information, smartphone location, web history, purchasing history, and other consumer behavior. VIZIO may license Viewing Data to advertising, analytics, media, and ad-technology companies for audience measurement and tailored advertising.
Migliaccio & Rathod is investigating whether consumers understood the scope of this data collection when purchasing or setting up their televisions, whether privacy controls operate as users reasonably expect, and whether consumers were adequately informed about the ways viewing information may be combined with information concerning other devices or household activity.
Consumers May Have Experienced:
- Owning a VIZIO smart TV or VIZIO OS television;
- Enabling or being prompted to enable Viewing Data or ACR;
- Having the television identify programming watched through cable, streaming devices, game consoles, or other inputs;
- Having connected-device information associated with television viewing activity;
- Receiving targeted advertising based on television viewing or household activity; and
- Not understanding that television viewing information could be combined with demographic, location, purchasing, or other behavioral information.
Potential Claims May Include:
- Failure to adequately disclose data-collection practices;
- Unauthorized or inadequately disclosed collection of viewing information;
- Misleading representations concerning privacy controls;
- Unfair or deceptive trade practices;
- Violations of applicable state privacy or consumer-protection laws; and
- Unjust enrichment.
Signs You May Be Affected:
- You own or previously owned a VIZIO smart TV;
- You connected the television to the internet;
- You enabled Viewing Data, ACR, or related smart-TV features;
- You did not understand the extent of information being collected;
- You connected streaming devices, game consoles, cable boxes, or other hardware to the television; or
- You are concerned that your viewing information may have been used for advertising or combined with other household data.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.