Frequently Asked Questions

  1. Why was a Notice issued?

    A Court authorized a notice because Class Members have a right to know about a proposed Settlement of this class action lawsuit and about all their options, before the Court decides 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.

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  2. What is a class action?

    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.

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  3. What is this lawsuit about?

    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.

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  4. Why is there a Settlement?

    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.

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  5. How do I know if I am in the Settlement Class?

    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.
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  6. What does the Settlement provide?

    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.

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  7. How much will my payment be?

    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.

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  8. When will I get my payment?

    The Court will hold a hearing to consider the fairness of the settlement on March 1, 2024. If the Court approves the settlement, 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 can choose whether to receive their payment via PayPal, Venmo, or paper check. All checks will expire and become void unless cashed within 180 days after the date of issuance.

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  9. How do I get a payment?

    If you are a Settlement Class Member and you want to receive a payment, you must complete and submit a Claim Form postmarked by February 12, 2024. The Claim deadline was extended from December 22, 2023, to February 12, 2024. Claims can be submitted on this website, or the Claim Form may be printed and mailed to the FloSports VPPA Settlement Administrator.

    Settlement Class Members are encouraged to submit claims online. Not only is it easier and more secure, but it is completely free and takes only minutes!

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  10. What am I giving up if I stay in the Settlement Class?

    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 exclude yourself (see FAQ 14), you will release the Released Claims, regardless of whether you submit 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.

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  11. What happens if I do nothing at all?

    If you do nothing, you will not receive any monetary benefit (cash payment) from this Settlement. Further, if you do 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.

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  12. Do I have a lawyer in this case?

    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.

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  13. How will the lawyers be paid?

    Class Counsel’s attorneys’ fees, costs, and expenses will be paid from the Settlement Fund in an amount determined and awarded by the Court. Class Counsel will ask for no more than one-third of the $2.625 million Settlement Fund, but the Court may award less than this amount.

    Class Counsel may also seek a Service Award of up to $2,000.00 for the Class Representative for his service in helping to bring and settle the case. The Service Award will be paid out of the Settlement Fund, but the Court may award less than this amount.

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  14. How do I exclude myself from this lawsuit?

    To exclude yourself from the Class, you must mail or otherwise deliver a letter stating that you want to be excluded. Your letter must include:

    1. The name and number of this case, Fiorentino v. FloSports, Inc., Case No. 1:22-cv-11502-AK;
    2. Your full name and mailing address;
    3. A statement that you wish to be excluded; and
    4. Your handwritten or electronically imaged written signature.

    You must mail or deliver your exclusion letter, postmarked no later than January 12, 2024 to:

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

    The deadline was extended from November 21, 2023 to January 12, 2024.

    No “mass” or “class” opt-outs will be allowed.

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  15. If I don’t exclude myself, can I sue the Defendant for the same thing later?

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

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  16. If I exclude myself, can I still get payment from the Settlement?

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

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  17. How do I object to the Settlement?

    If you’re a Settlement Class Member, you may ask the Court to deny approval by filing an objection. You may object to any aspect of the Settlement, Class Counsel’s request for attorneys’ fees and expenses, or the request for a Service Award. You can give reasons why you think the Court should not give its approval. The Court will consider your views.

    If you choose to make an objection, you must mail or file with the Court a letter or brief stating that you object to the Settlement. Your letter or brief must include:

    The name and number of this case, Fiorentino v. FloSports, Inc., Case No. 1:22-cv-11502-AK;

    1. Your full name and mailing address;
    2. An explanation of the basis upon which you claim to be a Settlement Class Member, including information sufficient to identify your current Facebook page or a screenshot showing that you were a Facebook member during the class period;
    3. An explanation of any and all your reasons for your objections, including citations to legal authority and supporting evidence, and attaching any materials you rely on for your objections;
    4. The name and contact information of any and all lawyers representing, advising, or in any way assisting you in connection with your objection;
    5. A statement indicating whether you or your lawyer(s) intends to appear at the Final Approval Hearing;
    6. Your handwritten or electronically imaged written signature; and
    7. If a Settlement Class Member or any of the Objecting lawyers have objected to any class action settlement where the objector or the Objecting lawyer asked for or received any payment in exchange for dismissal of the objection, or any related appeal, without any modification to the settlement, then the objection must include a statement identifying each such case by full case caption and amount of payment received. Any challenge to the Settlement Agreement or the Final Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

    You must mail or deliver your written objection, postmarked no later than January 12, 2024 to:

    Clerk of the Court
    United States District Court for the District of Massachusetts
    1 Courthouse Way
    Suite 2300
    Boston, MA 02210

    You must also mail or otherwise deliver a copy of your written objection to Class Counsel and FloSports’ counsel at the following addresses:

    Class Counsel Defendant’s Counsel
    Hank Bates
    Carney Bates & Pulliam, PLLC
    519 W. 7th Street
    Little Rock, AR 72201
    hbates@cbplaw.com
    Christopher M. Iaquinto
    Holland & Knight LLP
    10 St. James Ave.
    11th Floor
    Boston, MA 02116
    christopher.iaquinto@hklaw.com
    Rachel J. Geman
    Lieff Cabraser Heimann & Bernstein LLP
    250 Hudson Street
    8th Floor
    New York, NY 10013
    rgeman@lchb.com
    Mark S. Melodia
    Holland & Knight LLP
    31 West 52nd Street
    12th Floor
    New York, NY 10019
    mark.melodia@hklaw.com

    The deadline was extended from November 21, 2023 to January 12, 2024.

    No “mass” or “class” objections will be allowed.

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  18. What is the difference between objecting to and excluding myself from the Settlement?

    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.

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  19. When will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing at 11:00 a.m. on March 1, 2024, in Courtroom 8 at the John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, MA 02210. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for a Service Award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

    The hearing may be postponed to a different date or time without notice, so it is a good idea to check Important Dates on Home page of this Settlement Website or call 1-888-551-9944 or 1-800-541-7358. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of such Final Approval Hearing.

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  20. Do I have to attend the Final Approval/Fairness Hearing?

    No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection or comment, you don’t have to attend the hearing to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also retain your own lawyer (at your own expense) to attend, but it’s not required.

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  21. May I speak at the Final Approval/Fairness Hearing?

    Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include in your letter or brief objecting to the Settlement a statement saying that you or your lawyer intends to appear at the Final Approval Hearing.

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  22. Where do I get more information?

    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.

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  23. How do I submit an email or mailing address change?

    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

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