Frequently Asked Questions

The Class Notice has been approved by the Court and summarizes the proposed Settlement for which you may be a Settlement Class Member. You may also have received a Notice by email, or Emailed Notice. This Notice explains your rights and options, including the deadlines to exercise them. For the precise terms and conditions of the Settlement, you can also review the Settlement Agreement, available on the Documents page. Judge Maureen R. Riordan of the Eighteenth Judicial Circuit Court of DuPage County, Illinois is overseeing this class action. The Litigation is known as Burdette, et al. v. fuboTV, Inc., et al., Case No. 2024LA001460 (Ill. Cir. Ct., DuPage Cnty.). 

A proposed Settlement has been reached in a lawsuit against fuboTV, Inc. and fuboTV Media, Inc. (collectively, “Defendants”), and each of their respective former, current, and future affiliates. The claims being settled are that Defendants collected, stored, used, distributed, or retained Personally Identifiable Information in the form of information which identifies a Person as having requested or obtained specific videos or services from a video tape service provider and/or other personal information or data, including through targeted advertising and the use of Trap and Trace Devices, the Meta Pixel, Google Analytics, Cookies, and related technology, in violation of the Video Privacy Protection Act, 18 U.S.C. § 2710 et seq. (“VPPA”), the California Invasion of Privacy Act (“CIPA”), and Cal. Civil Code § 1799.3.  

Defendants deny these allegations, specifically deny that they have engaged in any wrongdoing whatsoever, and deny that Plaintiffs and members of the proposed Settlement Class are entitled to any relief whatsoever. Nonetheless, if approved by the Court, the Settlement resolves the claims identified in the Settlement Agreement and provides a process by which Settlement Class Members who do not exclude themselves can potentially receive a Cash Payment.

In a class action lawsuit, one or more people (called “plaintiffs”) sue on behalf of other people who have similar claims. The people together are a class or class members. The company they sued is called the defendant. One court resolves the issues for everyone in the class, except for those people who choose to exclude themselves, or opt out, of the class.

The Court did not decide in favor of Plaintiffs or the Defendants here. Instead, both sides agreed to a Settlement. Plaintiffs and Settlement Class Counsel believe the proposed Settlement confers substantial benefits on the Settlement Class and have determined that the Settlement is in the best interests of the Settlement Class and represents a fair, reasonable, and adequate resolution of the lawsuit.

Defendants deny the claims in the lawsuit; deny all allegations of wrongdoing, fault, liability, or damage to Plaintiffs and the Settlement Class; and deny that they acted improperly or wrongfully in any way. Defendants nevertheless recognize the expense and time that would be required to defend the lawsuit through trial and have taken this into account in agreeing to this Settlement.

To see if you will get any of the benefits of this Settlement, you first have to determine if you are a Settlement Class Member.

The Court decided that everyone who fits this description and does not fall under the exclusions below is a Settlement Class Member: 

All Persons who at any time on or before May 29, 2025, had an account to use the Fubo Platform or used the Fubo account of another Person while residing in the United States or its territories.

Excluded from the Settlement Class are: (1) fuboTV, Inc. and its respective subsidiaries, affiliates, employees, officers, directors, agents, counsel, and representatives; (2) fuboTV Media, Inc. and its respective subsidiaries, affiliates, employees, officers, directors, agents, counsel, and representatives; (3) Settlement Class Counsel; (4) the judges who have presided over the Litigation, the Related Litigation, or any other VPPA, CIPA, or California Civil Code § 1799.3 cases against any of the Defendants; and (5) all Persons who have properly and timely elected to become Opt Outs by submitting a Request for Exclusion from the Settlement Class in accordance with the Court’s orders. 

If you are still unsure whether you are included, you can call the Settlement Administrator at (833) 890-8291 or use the Contact Us form.

If you’re eligible, you can file a claim to receive a Cash Payment. Each Settlement Class Member who submits a timely, valid Claim Form will receive an equal share of a $3,400,000 Cash Fund that Defendants have agreed to create, after the payment of Settlement Fees and Expenses, Attorneys’ Fees and Expenses, and Service Awards for the Plaintiffs in the Litigation approved by the Court. The amount of such Cash Payment is unknown at this time and depends largely on the number of timely, valid Claim Forms submitted.  Settlement Class Members who submit an Approved Claim and make the California-specific certifications set forth in Section IV(2)(b) of the Settlement Agreement will be entitled to a Cash Payment of 1.1 times the Cash Payment amount distributed to Settlement Class Members who submit an Approved Claim without making those same California-specific certifications.

If you are a member of the Settlement Class, you may submit a Claim Form. The Claim Deadline to submit a Claim Form is September 12, 2025. There are two ways to submit a Claim Form: (i) by filling it out and submitting it online; or (ii) by filling it out and sending it by U.S. mail to:

Fubo Data Privacy Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 225319
New York, NY 10150-5391

Each Settlement Class Member may only submit a single Claim Form. The Claim Form must be submitted online or postmarked by September 12, 2025.

After payment of Settlement Fees and Expenses, Attorneys’ Fees and Expenses, and Service Awards, the Cash Fund will be divided equally (or pro rata) into Cash Payments to be distributed among Settlement Class Members who submit Approved Claims. Settlement Class Members who submit an Approved Claim and make the California-specific certifications set forth in Section IV(2)(b) of the Settlement Agreement will be entitled to a Cash Payment of 1.1 times the Cash Payment amount distributed to Settlement Class Members who submit an Approved Claim without making those same California-specific certifications. 

If you have any questions about the Claim Form or how to file a claim, call (833) 890-8291 or use the Contact Form. Follow all instructions on the Claim Form and make sure to inform the Settlement Administrator of any changes to your address after you have submitted your Claim Form. 

Submitting a valid and timely Claim Form is the only way to receive a Cash Payment from this Settlement and is the only thing you need to do to receive a Cash Payment. 

The Court will hold a hearing on October 6, 2025, at 9:00 a.m. CDT/CST to decide whether to approve the Settlement.  The date and time of the Final Approval Hearing may change without further notice. Please check this website for updates. If the Court approves the Settlement, there may be appeals after that. It is always uncertain whether those appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.

If Settlement Class Members’ claims from the Cash Fund would result in Fubo paying more than $3.4 million to the Cash Fund, then each Settlement Class Member’s claim will be reduced pro rata, meaning that each Cash Payment will be reduced by an equal percentage until the Settlement Class Members’ claims no longer exceed the funds available for payment from the $3.4 million.

Unless you exclude yourself, you are staying in the Settlement Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you. Unless you timely and validly exclude yourself from the Settlement, you will agree to a Release of claims which describes exactly the legal claims that you give up if you get Settlement benefits. The Release is defined and detailed in the Settlement Agreement, which is available on the Documents page.

If you do not want to participate in this Settlement, but you want to keep the right to sue or continue to sue Defendants, on your own, about the legal issues in this case (as they are described in the Release set forth in the Settlement Agreement), then you must take steps to get out of the Settlement. This is called excluding yourself or opting out of the Settlement Class.

Any member of the Settlement Class who wants to be excluded from the Settlement Class must submit a Request for Exclusion to the Settlement Administrator at the address provided below. 

Any request to be excluded from the Settlement Class must be postmarked, submitted via email, or delivered in writing on or before August 28, 2025, and must:

1. Have the signature of the Settlement Class Member. If the member of the Settlement Class is an entity and not an individual, the Request for Exclusion must be signed by an officer or director of the entity with authority to act on behalf of that entity. If the Settlement Class Member is represented by counsel in relation to any arbitration claim against Defendants, the attorney may sign the exclusion request on the client’s behalf alongside a certification under oath that they have their client’s authorization to submit a request for exclusion;
2.  State the name, address, and telephone number of the Person requesting exclusion;
3. If he or she is represented by counsel, the name and contact information (including address, telephone number, and email address) of that counsel;
4. Certify that he or she had an account for the Fubo Platform on or before May 29, 2025, or used the Fubo account of another Person on or before May 29, 2025, while residing in the United States or its territories; and
5. Contain a clear and unambiguous statement communicating that such Person elects to be excluded from the Settlement Class, does not wish to be a Settlement Class Member, and elects to be excluded from any judgment entered pursuant to the Settlement. 

Requests for Exclusion must be mailed to:

Fubo Data Privacy Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
 

or emailed to: [email protected]

You may exclude yourself on an individual basis only; so-called “mass” or “class” opt outs are not allowed. You cannot both submit a Claim Form and also request to be excluded. If you do both, your exclusion request will be invalid, and you will be deemed to have submitted a Claim Form.

No. Unless you exclude yourself, you will be bound by the Final Order and Judgment, and you give up the right to sue Defendants for the claims that this Settlement resolves. The full details of what legal claims are being released, or given up, by participating in the Settlement, are set forth in Section II(49) of the Settlement Agreement, which is available on the Documents page. If you have a pending lawsuit against Defendants or any of the other Released Parties (as identified in Section II (50) of the Settlement Agreement), speak to your lawyer in that lawsuit immediately. If your own lawsuit involves claims that are subject to the Release in this settlement, then you must exclude yourself from this Settlement Class to continue your own lawsuit.

No. If you exclude yourself, you cannot submit a Claim Form to ask for a Cash Payment. But you may sue, continue to sue, or be part of a different lawsuit against Defendants.

No. A member of the Settlement Class who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.  

No. Any member of the Settlement Class who does not timely and properly filed a written Request for Exclusion from the Settlement Class will be bound by this Settlement and by all subsequent procedures, orders, and judgments in the Litigation. Any purported Request for Exclusion or other communication sent to such address that is unclear or internally inconsistent with respect to the desire of the Settlement Class Member to be excluded from the Settlement will be deemed invalid unless determined otherwise by the Court. Requests for Exclusion signed only by counsel or another representative will not be permitted unless consistent with the requirements set forth in the Settlement Agreement and summarized in Section 12 above and submitted on behalf of a Settlement Class Member seeking an arbitration claim.

The Court has appointed Evan M. Meyers, Esq., Eugene Turin, Esq. and Jordan Frysinger, Esq. of McGuire Law, P.C.; Manuel Hiraldo, Esq. of Hiraldo P.A.; Michael Eisenband, Esq. of Eisenband Law P.A.; Jibrael Hindi, Esq. of Law Offices of Jibrael S. Hindi; and Adrian Gucovschi, Esq. of Gucovschi Rozenshteyn, PLLC to represent you as Settlement Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. You can contact Class Counsel at no charge using the contact information set forth in Section 27 below.

Settlement Class Counsel will ask the Court to award Attorneys’ Fees and Expenses of up to $1,360,000 and a payment of up to $2,500 in Service Awards for each of the five Plaintiffs for a total amount of up to $12,500. The Court may award less than these amounts. The Attorneys’ Fees and Expenses and Service Awards that the Court approves will be paid from the Cash Fund. The costs to administer the Settlement will also be paid from the Cash Fund. Settlement Class Counsel’s Motion for Attorneys’ Fees and Expenses will be available for review on the Settlement Website once it has been filed.

If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it. The deadline to object is August 28, 2025. You can ask the Court to deny approval by filing a written notice of objection. You cannot ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Cash Payments will be provided under the Settlement, and the Litigation will continue. If that is what you want to happen, you may object. 

Please note that you cannot both object to the Settlement and opt out of it. If you submit both a Request for Exclusion and an objection, the Request for Exclusion will be controlling. Further, if you submit both a valid and timely Request for Exclusion and a claim, the claim will be denied.

Any objection to the proposed Settlement must be in writing. If you file a timely written notice of objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. Your objection must be filed on or before August 28, 2025, or it will not be considered.

Any Settlement Class Member who wishes to be heard at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by August 28, 2025, that must: 

1. Have the signature of the member of the Settlement Class objecting, even if represented by counsel. If the member of the Settlement Class is an entity and not an individual, the objection must be signed by an officer or director of the entity with authority to act on behalf of that entity. If the Settlement Class Member that is objecting to the Settlement is represented by counsel, the objection shall also be signed by that attorney; 
2. State the name, address, and telephone number of the Settlement Class Member objecting; 
3. State the name, address, and telephone number of every attorney representing or assisting the objector; 
4. Certify that he or she had an account for the Fubo Platform on or before May 29, 2025, or used the Fubo account of another Person on or before May 29, 2025, while residing in the United States or its territories;
5. Contain a detailed statement of each objection asserted, including the grounds for each objection and reasons for appearing and being heard, together with any documents such Settlement Class Member wishes to be considered in support of the objection; 
6. List all cases in which the Settlement Class Member or Settlement Class Member’s counsel filed an objection or in any way participated—financially or otherwise—in objecting to a class settlement during the preceding five years; and 
7. Contain a statement regarding whether the Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, and a list of all persons, if any, who will be called to testify in support of the objection.

A Settlement Class Member must file a notice of objection, including any request to be heard, with the Clerk of the Court, and serve by mail or hand delivery such notice of objection, including any request to be heard, including all papers or evidence in support thereof, upon Settlement Class Counsel and Defense Counsel, at the addresses set forth below, no later than August 28, 2025.

Any Settlement Class Member who does not properly or timely file her or his objection with the Clerk of the Court, along with the required information and documentation set forth above, or serve it as provided above, shall not be heard during the Final Approval Hearing, shall not have their objections considered by the Court, and shall be foreclosed from seeking any adjudication or review of the Settlement by appeal or otherwise.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

No. Any Settlement Class Member who does not properly or timely file her or his objection with the Clerk of the Court, along with the required information and documentation set forth above, or serve it as provided above, shall not be heard during the Final Approval Hearing, shall not have their objections considered by the Court, and shall be foreclosed from seeking any adjudication or review of the Settlement by appeal or otherwise.

The Court will hold a Final Approval Hearing at 9:00 a.m. CDT/CST on October 6, 2025 (or such other date as set by the Court) in Courtroom 2008 the Eighteenth Judicial Circuit Court of DuPage County, Illinois, 505 North County Farm Road, Wheaton, Illinois 60187, or by remote means as ordered by the Court . You may attend the hearing virtually. Access the remote Zoom meeting by using the meeting details listed below. 

• Location: 2008
• Meeting ID: 83998122298
• Passcode: 99006
• Phone Only: +1 309 205 3325
  • +1 312 626 6799 (Chicago)
  • +1 646 876 9923 (New York)

Additionally, you may find these Zoom meeting details by visiting the Court website, https://dupagecircuitclerk.gov/18thJudicial/Remote-Court-Hearings, and entering the Case Number, 2024LA001460.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and proper objections, the Court will consider them. The Court will listen to people who have timely and properly asked to speak at the hearing. The Court may also decide how much to pay Settlement Class Counsel and what Service Awards, if any, to award Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

No. Settlement Class Counsel will answer any questions the Court may have, but you are welcome to come at your own expense. If you submit an objection, you do not have to come to Court to talk about it. As long as you timely and properly submitted your written objection, along with the required information and documentation set forth above, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must submit a written notice of objection that states your intention to appear at the Final Approval Hearing, either with or without counsel, as outlined above. Be sure to include your name, address, telephone number, and your signature as well as the signature of any attorney representing you, in addition to the other information outlined above. Your written notice of objection indicating your intention to appear must be filed with the Clerk of the Court, and served by mail or hand delivery upon one of the Settlement Class Counsel and Defense Counsel, at the addresses set forth in Section 19 above, no later than August 28, 2025. You cannot speak at the hearing if you exclude yourself from the Settlement.

By doing nothing, you will give up your right to be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues released in the Settlement, and you will also not be entitled to receive any Cash Payment from the Settlement. 

Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.

This Class Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can review a copy of the Settlement Agreement and other important case documents on the Documents page.

You can call toll-free (833) 890-8291 or visit this website at www.VPPADataPrivacyFuboSettlement.com, where you will be able to update your address using use the Contact Us form. The Claim Form, the Settlement Agreement, the Motion for Approval of Attorneys’ Fees and Expenses and Service Awards, and other important documents related to the Settlement are available on the Documents page. You should check this website regularly for updates on the case, including any updates on the time and date of the Final Approval Hearing, the Settlement, the approval process for the Settlement, the scope of the Settlement Class, and the scope and terms of the Settlement.

You may also contact the attorneys appointed by the Court to serve as Settlement Class Counsel: 

Eugene Y. Turin, Esq.
Jordan Frysinger, Esq. 
MCGUIRE LAW, P.C.
55 West Wacker Drive, 9th Floor
Chicago, Illinois 60601
Telephone: (312) 893-7002
[email protected]
[email protected]

PLEASE DO NOT CONTACT THE COURT REGARDING THE NOTICE.

1. Submit a Claim Form

If you are a member of the Settlement Class, you may submit a Claim Form. The Claim Deadline to submit a Claim Form is September 12, 2025. There are two ways to submit a Claim Form: (i) by filling it out and submitting it online; or (ii) by filling it out and sending it by U.S. mail to:

Fubo Data Privacy Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 225319
New York, NY 10150-5391

Each Settlement Class Member may only submit a single Claim Form. The Claim Form must be submitted online or postmarked by September 12, 2025.

Submitting a valid and timely Claim Form is the only way to receive a Cash Payment from this Settlement and is the only thing you need to do to receive a Cash Payment. 

2. Exclude Yourself (Opt-Out)

Any member of the Settlement Class who wants to be excluded from the Settlement Class must submit a Request for Exclusion to the Settlement Administrator at the address provided below. 

Any request to be excluded from the Settlement Class must be postmarked, submitted via email, or delivered in writing on or before August 28, 2025, and must:

1. Have the signature of the Settlement Class Member. If the member of the Settlement Class is an entity and not an individual, the Request for Exclusion must be signed by an officer or director of the entity with authority to act on behalf of that entity. If the Settlement Class Member is represented by counsel in relation to any arbitration claim against Defendants, the attorney may sign the exclusion request on the client’s behalf alongside a certification under oath that they have their client’s authorization to submit a request for exclusion;
2. State the name, address, and telephone number of the Person requesting exclusion;
3. If he or she is represented by counsel, the name and contact information (including address, telephone number, and email address) of that counsel;
4. Certify that he or she had an account for the Fubo Platform on or before May 29, 2025, or used the Fubo account of another Person on or before May 29, 2025, while residing in the United States or its territories; and
5. Contain a clear and unambiguous statement communicating that such Person elects to be excluded from the Settlement Class, does not wish to be a Settlement Class Member, and elects to be excluded from any judgment entered pursuant to the Settlement. 

Requests for Exclusion must be mailed to:

Fubo Data Privacy Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 225319
New York, NY 10150-5391
 

or emailed to: [email protected]

3. Object or Comment

If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it. The deadline to object is August 28, 2025. You can ask the Court to deny approval by filing a written notice of objection. You cannot ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Cash Payments will be provided under the Settlement, and the Litigation will continue. If that is what you want to happen, you may object. 

Any objection to the proposed Settlement must be in writing. If you file a timely written notice of objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. Your objection must be filed on or before August 28, 2025, or it will not be considered.

Any Settlement Class Member who wishes to be heard at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by August 28, 2025, that must: 

1. Have the signature of the member of the Settlement Class objecting, even if represented by counsel. If the member of the Settlement Class is an entity and not an individual, the objection must be signed by an officer or director of the entity with authority to act on behalf of that entity. If the Settlement Class Member that is objecting to the Settlement is represented by counsel, the objection shall also be signed by that attorney; 
2. State the name, address, and telephone number of the Settlement Class Member objecting; 
3. State the name, address, and telephone number of every attorney representing or assisting the objector; 
4. Certify that he or she had an account for the Fubo Platform on or before May 29, 2025, or used the Fubo account of another Person on or before May 29, 2025, while residing in the United States or its territories;
5. Contain a detailed statement of each objection asserted, including the grounds for each objection and reasons for appearing and being heard, together with any documents such Settlement Class Member wishes to be considered in support of the objection; 
6. List all cases in which the Settlement Class Member or Settlement Class Member’s counsel filed an objection or in any way participated—financially or otherwise—in objecting to a class settlement during the preceding five years; and 
7. Contain a statement regarding whether the Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, and a list of all persons, if any, who will be called to testify in support of the objection.

A Settlement Class Member must file a notice of objection, including any request to be heard, with the Clerk of the Court, and serve by mail or hand delivery such notice of objection, including any request to be heard, including all papers or evidence in support thereof, upon Settlement Class Counsel and Defense Counsel, at the addresses set forth below, no later than August 28, 2025.

Any Settlement Class Member who does not properly or timely file her or his objection with the Clerk of the Court, along with the required information and documentation set forth above, or serve it as provided above, shall not be heard during the Final Approval Hearing, shall not have their objections considered by the Court, and shall be foreclosed from seeking any adjudication or review of the Settlement by appeal or otherwise.

4. Go to a Hearing

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must submit a written notice of objection that states your intention to appear at the Final Approval Hearing, either with or without counsel, as outlined above. Be sure to include your name, address, telephone number, and your signature as well as the signature of any attorney representing you, in addition to the other information outlined above. Your written notice of objection indicating your intention to appear must be filed with the Clerk of the Court, and served by mail or hand delivery upon one of the Settlement Class Counsel and Defense Counsel, at the addresses set forth in Section 19 above, no later than August 28, 2025. You cannot speak at the hearing if you exclude yourself from the Settlement.

5. Do Nothing

You will receive no payment under the Settlement, and you will give up your rights to sue Defendants about the issues in this case and claims released by the Settlement. To receive a Cash Payment from the Settlement, you must submit a timely and valid Claim Form.