On March 2, 2017, U.S. District Court Judge Josephine Staton (C.D. Cal.) entered a very favorable Order largely denying Vizio's motion to dismiss the lawsuit. Plaintiffs' claims under the federal Video Privacy Protection Act ("VPPA") and claims based on material omissions were upheld, along with state unfair competition law claims, state law invasion of privacy claims, and unjust enrichment claims..
The Order cites Vizio’s claims made to its investors regarding its invasive data collection program and its ability to collect and track data. "Plaintiffs have thus plausibly alleged that Vizio's provision of -- to quote its own prospectus -- 'highly specific viewing behavior data on a massive scale with great accuracy' amounts to the disclosure of personally identifiable information." March 2, 2017 Order at p. 24.
In April 2016, the Judicial Panel on Multidistrict Litigation centralized In re Vizio, Inc. Consumer Privacy Litigation, Case No. 8:16-ml-02693-JLS (KESx), before Judge Staton in the Central District of California. Cotchett, Pitre & McCarthy, LLP were appointed co-lead counsel to lead the litigation. The CPM team litigating the case includes Joseph W. Cotchett and Adam J. Zapala.
PartnerAdam J. Zapala is a partner at Cotchett, Pitre & McCarthy, LLP, where he focuses on complex litigation, including antitrust, employment & civil rights, privacy & cybersecurity, qui tam/false claims, consumer protection and ...
Founding PartnerAs stated by the National Law Journal, Joseph W. Cotchett is considered by plaintiffs and defense attorneys alike to be one of the foremost trial lawyers in the country. He has been named one of the 100 most influential lawyers in the ...