SAN FRANCISCO – A consumer, and on behalf of others in a similar situation, is suing one of the largest sellers of Smart TVs and an advertising company over claims they violated her privacy.

Robin Anderson, a citizen of Oregon, filed a class-action lawsuit Jan. 22 in the U.S. District Court for the Northern District of California, San Francisco Division against Vizio Inc., and Cognitive Media Networks Inc., citing violations of the Video Privacy Protection Act and California business and professional codes.

According to the suit, Anderson bought a Vizio E24-1IB1 Smart TV from a retailer near her home for $159.99. Anderson connected her Smart TV to the Internet and used the television to watch shows and movies, the complaint states. These televisions allegedly have pre-installed “automatic content recognition” software in the televisions and the defendants purportedly never obtained consent from its customers before the device starts collecting data. If Anderson had known of the information, she would have never purchased the television, the suit states.

Anderson is seeking a jury trial and for the court to prove the defendants' actions violate the VPPA, award damages to the plaintiff and reasonable litigation expenses and attorneys’ fees. Abbas Kazerounian of the Kazerouni Law Group in Costa Mesa and Joshua B. Swigart of Hyde and Swigart in San Diego are representing Anderson.

U.S. District Court for the Northern District of California, San Francisco Division Case number 3:16-cv-00409-SK

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