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SAN FRANCISCO – Five consumers are suing one of the leading manufacturers, distributors, sellers and marketers of Internet-connectable televisions over allegations the company tracked their viewing habits without their permission.

Richard Jewett, David Quintanar, Ivee Tolbert, Charon Wright and Rory Zufolo filed a class-action lawsuit against Vizio Inc., Vizio Holdings Inc., Vizio Inscape Services LLC, Vizio Inscape Technologies LLC and Cognitive Media Networks Inc. on Dec. 29 in the U.S. District Court for the Northern District of California, San Francisco/Oakland Division, citing violations of the Video Privacy Protection Act, fraudulent omission, negligence omission, unjust enrichment and other counts.

According to the suit, the plaintiffs purchased a Vizio Smart TV in different sizes from local stores. The televisions of each consumer were connected to the Internet and during that time, Vizio improperly collected and sold their private viewing data, the suit states. The plaintiffs allege that none knew that Vizio was going to track their Smart TV viewing activity and sell that information, which included their Internet Protocol addresses and other personal information. Had they had known, the plaintiffs would not have made the purchase, the suit states.

The plaintiffs are seeking restitution, damages and disgorgement in amount proven by the court, plus court and attorneys’ fees. Robert Schubert, Dustin Schubert, Noah Schubert and Kathryn Schubert of Schubert Jonckheer and Kolbe LLP will represent the plaintiffs.

U.S. District Court for the Northern District of California, San Francisco/Oakland Division Case number 3:15-cv-06281

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