Plaintiffs Hari Kishore and Brett Walker alleged that Willow TV — operated by Times Internet (UK) Ltd. — transmitted to Meta the full titles of videos subscribers watched, along with unique information that would allow subscribers to be easily identified by Meta and the public, without their knowledge or authorization. The complaint further alleged that Willow affirmatively promised users that it does not provide personally identifiable information to third party websites without users' consent. The case asserted claims under the Video Privacy Protection Act and California's Unfair Competition Law on behalf of an estimated 75,830 nationwide subscribers who used the service between July 20, 2021 and September 22, 2023.
Judge Haywood S. Gilliam, Jr. granted preliminary approval on April 22, 2026, provisionally certifying the settlement class and finding the deal within the range of possible approval. The $850,000 fund is non-reversionary. After deducting attorneys' fees, costs, service awards, and administration expenses, class members with approved claims will receive a pro rata share of the net fund — working out to roughly $11.20 per class member at the estimated class size. Residual funds above $100,000 after the initial distribution will be redistributed to claimants; anything below that threshold, and any remainder after a secondary distribution, goes to the Electronic Frontier Foundation as cy pres beneficiary.
The settlement also includes injunctive relief. Willow TV has already removed the Meta Pixel from its website and states it has no present plans to reinstall it. The company has added a pop-up notification to its desktop website regarding cookies and other tracking technologies, revised its subscription-page checkbox so it is no longer pre-checked, and updated the accompanying consent language. Willow also agreed to remain in compliance with the VPPA.
The court noted that while full VPPA statutory damages of $2,500 per class member would total roughly $189.6 million, that figure would face serious constitutional due process challenges under Ninth Circuit precedent limiting aggregated statutory damages that are wholly disproportionate and obviously unreasonable in relation to the goals of the statute and the conduct it prohibits. The $850,000 fund represents approximately 0.4% of that theoretical maximum but compares favorably on a per-member basis to two other VPPA settlements the court cited: Stark v. Patreon, Inc., which yielded $0.89 gross per class member, and Ade v. Viki, Inc., which yielded $3.05 gross per class member.
Class counsel HammondLaw, P.C. intends to seek up to $280,500 in attorneys' fees — described as a 0.89 multiplier of current lodestar — plus $28,426.03 in litigation costs. The settlement agreement provides that defendant will not object to the attorneys' fees and expenses award that the court deems appropriate. The court noted that this formulation, while distinct from a standard clear sailing arrangement in which a defendant agrees not to oppose a specific fee amount, still triggers its obligation to review the fee request with rigor at the final approval stage. Each named plaintiff may seek a service award of up to $7,500.
The parties mediated before Judge Freda Wolfson (ret.) and reached an agreement in principle on May 8, 2025. Notice will go out by email through settlement administrator Simpluris, Inc. within 30 days of the preliminary approval order. The opt-out and objection deadline falls 60 days after the notice date. A fairness hearing is scheduled for February 25, 2027.