FuboTV has agreed to pay $3.4 million to resolve a class action lawsuit that alleged the company violated federal and California privacy laws by sharing subscriber viewing data with third parties without proper consent. The lawsuit, Burdette et al. v. fuboTV, Inc. et al., was filed in the Circuit Court of DuPage County, Illinois and accused the video subscription service of unlawfully disclosing personal viewing histories to platforms such as Facebook and other advertisers.

According to the court-authorized settlement site, eligible class members include anyone in the U.S. or its territories who had or used a FuboTV account on or before May 29, 2025—even if they were not the account holder themselves. Claimants can receive a pro rata cash payment from the fund, with California residents eligible for a 10 percent premium if they certify state residency.

The claims center around alleged violations of the federal Video Privacy Protection Act (VPPA), California’s Invasion of Privacy Act (CIPA), and California Civil Code § 1799.3, which restricts how subscriber data can be shared. Plaintiffs alleged that FuboTV used embedded tracking tools—like pixels and SDKs—that transmitted subscribers’ video consumption data without adequate disclosure or consent.

FuboTV denies all allegations and admits no wrongdoing. The settlement avoids further litigation and does not constitute a judgment on the merits of the case. A final approval hearing is scheduled for October 6, 2025. The deadline to file a claim is September 12, 2025.

More information is available at the official settlement site: vppadataprivacyfubosettlement.com

INSIDER TAKE

This case serves as a critical reminder to subscription businesses, particularly those delivering video or media content, that consumer privacy compliance is not optional.

FuboTV’s alleged missteps stem from sharing granular subscriber data, including specific video titles watched, with third-party platforms through tracking tools embedded in its app and website. For companies that rely on data for personalization, engagement, or advertising, this settlement illustrates the fine line between optimization and liability.

The use of Meta Pixel, SDKs, or similar tracking technology is widespread across the subscription economy. But without clear, affirmative consent, particularly for sensitive behavioral data like video consumption, companies expose themselves to substantial legal risk. The VPPA carries statutory damages of up to $2,500 per violation, and recent class actions have focused heavily on media and streaming services.

Additionally, the case highlights a growing trend in state-level enforcement, with California laws, such as CIPA and Civil Code § 1799.3, increasingly being invoked in class actions related to recurring revenue businesses.

If your subscription business collects or shares user data tied to content consumption, now is the time to audit your tech stack, consent flows, and privacy policies. Transparency, user control, and compliance by design are fast becoming operational imperatives.

Want the full analysis?
We break down four key subscription lessons from the FuboTV privacy case—including how embedded tech, behavioral tracking, and onboarding design could put your business at risk. Read the full member-only article »