Cody Brenner v, Vizio, Inc.
United States District Court Western District of Washington at Tacoma No. 3:17-cv-05897-JRC
UPDATE: On September 24, 2018 Judge Benjamin Settle of the U.S. District Court for the Western District of Washington DENIED Vizio’s Motion to Dismiss this class action lawsuit.
On Tuesday, October 31, 2017, The Blankenship Law Firm, P.S. filed a Class Action Complaint in Federal District Court in Tacoma, Washington on behalf of millions of consumers nationwide who paid extra to purchase “smart” televisions to access YouTube one of the top and most widely used video streaming apps in the world.
According to lead counsel Scott Blankenship: “Vizio publicly admitted on its website that YouTube no longer functions on many models sold prior to 2013. Instead of taking ownership and paying to fix it, Vizio advised its customers to foot the bill and purchase an external streaming device like Google Chromecast. We filed this lawsuit to force Vizio to give consumers what they paid for.”
According to the 32 page Class Action Complaint: “Defendant sold Affected Smart TVs to consumers by promoting them as inherently different from traditional television sets based on their ability to access video streaming entertainment apps. Defendant promoted Affected Smart TVs as having all the convenience of smart phones and computers with the ease and convenience of using a familiar device – the television set – in the comfort of consumers’ living rooms. To lure consumers in, Defendant promoted its most popular Affected Smart TV video streaming entertainment apps, including Netflix, Hulu, and YouTube. Specifically, Defendant promoted Affected Smart TVs by placing the YouTube logo on its packaging, in-store displays, and by displaying the YouTube app in its commercials and in online advertising to inform consumers that Affected Smart TVs came with YouTube access included upon purchase.”
According to a November 2, 2017 article on Forbes.com, the demand for smart TVs from Vizio and and other manufactures is expected grow substantially. “A forecast from Grandview Research pegs the global market for smart TVs at $292.55 billion, growing at a compound annual growth rate of 9.5 percent. People are replacing their conventional TVs for their smart ones, which thanks in part to Vizio are available at larger sizes and affordable prices.”
In this case, Defendant promoted, through advertising and marketing that educated and informed the consuming public, its Affected Smart TVs as a means to access YouTube. At no time prior to 2013 did Vizio disclaim that continued use of the YouTube app, for the life of its Affected Smart TVs, could or would end.
The lawsuit requests that Vizio take action to reinstate the services on affected Smart TV’s it sold on behalf of a class of consumers nationwide.
For further information contact Scott Blankenship at email@example.com, or The Blankenship Law Firm at 206-343-2700.