Fubo has agreed to pay $3.4 million to settle a class-action lawsuit that accused the sports-streaming service provider of unlawfully distributing customers' personally identifiable information (PII) without their consent.
In December 2023, Ne’Tosha Burdette filed a complaint [PDF] against Fubo with the stated goal of stopping Fubo’s "unlawful disclosure of its customers'" PII. The complaint argued that Fubo violated the Video Privacy Protection Act (VPPA), “which prohibits the disclosure of consumers’ video viewing history without their informed, written consent." The filing added:
Critically, Defendant utilizes sophisticated tracking technology that collects its subscribers’ personally identifiable information… including information which identifies a person as having viewed specific videos on Defendant’s streaming service. Defendant knowingly discloses this information to third party advertisers so that they can target specific users with specifically tailored advertisements based on their viewing history.
Fubo’s privacy policy at the time stated that Fubo collected various data from its users, such as location information—including “precise or near-precise geolocation” and the use of “GPS coordinates”—as well as device and usage information (including “pages and content viewed and order of those pages" and "content recorded on FuboTV,”) per the complaint.
According to the Internet Archive's Wayback Machine, in late 2023, Fubo's privacy policy claimed that the firm would only share non-personally identifiable information with third parties unless Fubo obtained user consent. However, Burdette's filing claimed that Fubo didn't ask users who created accounts for consent to share their PII with third parties.
“By disclosing Plaintiff’s PII, which reveals both her identity and the video materials she has requested from Defendant’s services to third-parties, Defendant has intentionally and knowingly violated the VPPA and Plaintiff’s privacy rights," the complaint said.
The complaint sought declaratory relief, injunctive and equitable relief, “statutory damages of $2,500 for each violation of the VPPA,” attorneys’ and litigation fees, as well as an order prohibiting Fubo “from continuing to engage in the unlawful conduct and practices described...”
Settlement reached
As reported by Cord Cutters News this week, instead of going to trial, Fubo reached a settlement agreement [PDF] that allows people who used Fubo before May 29, which is when Fubo last updated its privacy policy, to receive part of a $3.4 million settlement. The settlement agreement received preliminary approval on May 29, and users recently started receiving notice of their potential entitlement to some of the settlement. They have until September 12 to submit claims.
In a statement shared with Ars Technica, Fubo said:
We deny the allegations in the putative class lawsuit and specifically deny that we have engaged in any wrongdoing whatsoever. Fubo has nonetheless chosen to pursue a settlement for this matter in order to avoid the uncertainty and expense of litigation. We look forward to putting this matter behind us.
While the streaming service provider isn't facing a staggering settlement, $3.4 million is still notable for a company that isn't profitable. Fubo is eager to turn things around after posting its first positive quarterly net income ($188.5 million) in its Q1 2025 earnings report announced in May.
Fubo may also be keen to minimize litigation after filing an antitrust lawsuit last year against Disney, Fox, and Warner Bros. Discovery over a since-canceled joint sports-streaming app. Fubo dropped the lawsuit in favor of being acquired by Disney, but now the Department of Justice is reportedly investigating the purchase. Settling smaller legal issues could help Fubo focus on the various larger matters it is facing.
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