The Trial Lawyer Spring 2024 | Page 89

Markey writes in his letter .
The company disclosed at that time that it turned Ring doorbell camera footage over to the police 11 times without a warrant or user consent prior to July 2022 .
Amazon agreed to pay $ 30 million last year to resolve a pair of privacy complaints filed by federal regulators after the Federal Trade Commission determined the company ’ s Alexa and Ring services violated the privacy rights of children .
FuboTV illegally shares viewer data , class action claims
Live-TV streaming and video content provider FuboTV knowingly , intentionally and unlawfully discloses its users ’ personally identifiable information ( PII ) to unauthorized third parties , a new class action lawsuit alleges .
Plaintiff Catherine Beasley ’ s class action lawsuit claims FuboTV discloses its users ’ PII , including a record of every video they view , without first complying with requirements set by the Video Privacy Protection Act ( VPPA ).
Beasley argues FuboTV , as a video tape service provider , would need to — and allegedly failed to — obtain informed , written consent from a customer prior to disclosing their PII with a third party .
“ This information allowed third parties such as Facebook and Google to identify each Plaintiff ’ s and Class member ’ s specific individual video viewing preferences and habits ,” the FuboTV class action states .
Beasley wants to represent a nationwide class of consumers who , during the maximum period of time allowed by law , logged into FuboTV ’ s website or applications and viewed prerecorded content using their mobile or computer browsers .
Beasley claims FuboTV is harming consumers by sharing their PII with third parties like Facebook , which she argues is provided with “ every video a particular digital subscriber has requested or viewed .”
“ Plaintiff and consumers were harmed by Defendant ’ s unlawful conduct , which deprives them of their right to privacy in their own homes , and the disclosures at issue reveal highly personal details regarding their unique video requests and viewing habits ,” the FuboTV class action states .
The plaintiff is demanding a jury trial and requesting declaratory relief along with an award of compensatory , statutory and punitive damages for herself and all class members .
In a similar case , a federal judge in New York issued a ruling last year in favor of arbitration of claims that Bloomberg violated the VPPA by allegedly sharing its web subscribers ’ video-viewing activities with Facebook .
Philips stops sale of CPAP , BiPAP machines amid FDA investigation
Philips agreed to stop selling its CPAP and BiPAP machines in the United States while it works to comply with a consent decree with the Department of Justice and Food and Drug Administration .
In December , the company agreed to a $ 494 million class action lawsuit settlement to resolve claims it included defective foam in its CPAP , BiPAP and other respiratory devices it recalled in
June 2021 . The foam allegedly exposed patients to dangerous chemicals .
Philips will continue to sell new CPAP and BiPAP devices outside of the United States but only service existing devices and supply accessories , consumables and replacement parts within the United States , according to the consent decree , the company says in its Fourth Quarter and Annual Results 2023 .
“ Until the relevant requirements of the consent decree are met , Philips Respironics will not sell new CPAP or BiPAP sleep therapy devices or other respiratory care devices in the U . S .,” Philips says in the document .
Philips says that more information about the consent decree will become available when it ’ s approved by the court .
The company divulged its multiyear plan included € 363 million euro in the fourth quarter of 2023 for remediation , inventory write-downs and contract provisions .
“ In 2024 , Philips expects around 100 basis points of costs that relate to remediation activities and disgorgement payments for Philips Respironics sales in the U . S .,” the company says in the results report .
Philips shares were down 8.3 % in the hours after the company announced the decision , Reuters writes , quoting ING analyst Marc Hesselink as calling it “ very punitive .”
“ We believe it will be very difficult for Philips to recover its U . S . Respironics market position ,” Hesselink tells Reuters .
However , Philips Chief Operating Officer Roy Jakobs says he is confident about the company ’ s future .
“ Based on our ongoing actions to enhance execution , we expect further performance improvement in 2024 ,” Jakobs says in the results report .
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