Frequently Asked Questions

Basic Information

1. Why was the Notice issued?

A Court authorized the Notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

The Honorable Kenly Kiya Kato, of the U.S. District Court for the Central District of California, is overseeing this case. The case is called Saarloos v. The Cowboy Channel, LLC, Case No. 5:24-cv-02058-KK-SP. The person who has sued is called the Plaintiff. The Defendant is The Cowboy Channel, LLC.

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2. What is a class action?

In a class action, one or more people called the class representative (in this case, Lindsy Saarloos) sue on behalf of a group or a "class" of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.

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3. What is this lawsuit about?

This lawsuit claims that Defendant violated the Video Privacy Protection Act, 18 U.S.C. § 2710, et seq. (“VPPA”) by disclosing its subscribers' personally identifiable information (“PII”) to Meta Platforms, Inc. (“Meta”), Google LLC (“Google”), and Yahoo Inc. (“Yahoo”) without consent. The VPPA defines PII to include information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider. The Defendant denies that it violated any law. The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

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4. Why is there a Settlement?

The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

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Who's Included In The Settlement?

5. How do I know if I am in the Settlement Class?

The Settlement Class is defined as:

All persons in the United States who have or had a subscription to Cowboy Channel Plus (on cowboychannelplus.com) from September 25, 2022, through, and including, October 9, 2024.

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The Settlement Benefits

6. What does the Settlement provide?

Defendant has created a Settlement Fund totaling $1,000,000.00. Class Member payments, and the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys' fees, and an award to the Class Representative will also come out of this fund (see FAQ 13).

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7. How much will my payment be?

If you are member of the Settlement Class you may submit a Claim Form to receive a portion of the Settlement Fund. The amount of this payment will depend on how many of the Class Members file valid claims. Each Class Member who files a valid claim will receive a proportionate share of the Settlement Fund. You can contact Class Counsel at 1-646-837-7150 to inquire as to the number of claims filed.

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8. When will I get my payment?

The hearing to consider the fairness of the settlement is scheduled for August 7, 2025, at 10:00 a.m. If the Court approves the settlement, eligible Class Members whose claims were approved by the Settlement Administrator will receive their payment 90 days after the Settlement has been finally approved and/or any appeals process is complete. The payment will be made in the form of a check, unless you elect to receive payment by PayPal or Venmo, and all checks will expire and become void 180 days after they are issued.

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9. How do I get a payment?

If you are a Class Member and you want to get a payment, you must complete and submit a Claim Form by July 1, 2025. Claim Forms can be submitted by online here, or by printing and mailing a paper Claim Form, copies of which are available for download here.

We also encourage you to submit your claim on-line. Not only is it easier and more secure, but it is completely free and takes only minutes!

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Remaining In The Settlement

10. What am I giving up if I stay in the Class?

If the Settlement becomes final, you will give up your right to sue Defendant for the claims this Settlement resolves. The Settlement Agreement describes the specific claims you are giving up against the Defendant. You will be "releasing" the Defendant and certain of its affiliates described in Section 1.23 of the Settlement Agreement. Unless you exclude yourself (see FAQ 14), you are "releasing" the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available here.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in FAQ 12 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

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11. What happens if I do nothing at all?

If you do nothing, you won't get any benefits from this Settlement. But, unless you exclude yourself, you won't be able to start a lawsuit or be part of any other lawsuit against the Defendants for the claims being resolved by this Settlement.

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The Lawyers Representing You

12. Do I have a lawyer in the case?

The Court has appointed L. Timothy Fisher and Yitzchak Kopel of Bursor & Fisher, P.A. to be the attorney representing the Settlement Class. They are called "Class Counsel." They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for this lawyer. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

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13. How will the lawyers be paid?

Class Counsel's attorneys' fees, costs, and expenses will be paid from the Settlement Fund in an amount determined and awarded by the Court. Class Counsel is entitled to seek no more than one-third of the $1 million Settlement Fund, but the Court may award less than this amount.

As approved by the Court, the Class Representative will be paid an Incentive Award from the Settlement Fund for helping to bring and settle the case. The Class Representative will seek no more than $5,000 as an incentive award, but the Court may award less than this amount.

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Excluding Yourself From The Settlement

14. How do I get out of the Settlement?

To exclude yourself from the Settlement, you must mail or otherwise deliver a letter (or request for exclusion) stating that you want to be excluded from the Saarloos v. The Cowboy Channel, LLC, Case No. 5:24-cv-02058-KK-SP settlement. Your letter or request for exclusion must also include your name, your address, your signature, the name and number of this case, and a statement that you wish to be excluded. You must mail or deliver your exclusion request no later than June 12, 2025, to:

Saarloos v. The Cowboy Channel, LLC
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

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15. If I don't exclude myself, can I sue the Defendant for the same thing later?

No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.

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16. If I exclude myself, can I get anything from this Settlement?

No. If you exclude yourself, do not submit a Claim Form to ask for benefits.

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Objecting To The Settlement

17. How do I object to the Settlement?

If you're a Class Member, you can object to the Settlement if you don't like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the Settlement in Saarloos v. The Cowboy Channel, LLC, Case No. 5:24-cv-02058-KK-SP and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, an explanation of the basis upon which you claim to be a Settlement Class Member, the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant's Counsel listed below.

Class Counsel will file with the Court and post on the Important Documents page its request for attorneys' fees by May 29, 2025.

If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to FAQ 21), you must say so in your letter or brief. File the objection with the Court and mail a copy to these two different places postmarked no later than June 12, 2025.

Court

Class Counsel

Defendant's Counsel

The Hon. Kenly Kiya Kato
George E. Brown, Jr. U.S. Courthouse
3470 Twelfth Street, Riverside, CA 92501
L. Timothy Fisher
Bursor & Fisher PA
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Teresa C. Chow
Baker & Hostetler LLP
1900 Avenue of the Stars Suite 2700
Los Angeles, CA 90067

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18. What's the difference between objecting and excluding myself from the Settlement?

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

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The Court's Final Approval Hearing

19. When and where will the Court decide whether to approve the Settlement?

The Court will hold the Final Approval Hearing at 10:00 a.m. on August 7, 2025, in Courtroom 3 at the George E. Brown, Jr. U.S. Courthouse, 3470 Twelfth Street, Riverside, CA 92501. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider the Class Counsel's request for attorneys' fees and expenses; and to consider the request for an incentive award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

The hearing may be postponed to a different date or time without notice, so it is a good idea to check this website or call 1-646-837-7150. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of such Final Approval Hearing.

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20. Do I need to come to the hearing?

No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don't have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it's not required.

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21. May I speak at the hearing?

Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your "Notice of Intent to Appear in Saarloos v. The Cowboy Channel, LLC, Case No. 5:24-cv-02058-KK-SP." It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your Objection and Notice of Intent to Appear must be filed with the Court and postmarked no later than June 12, 2025, and be sent to the addresses listed in FAQ 17.

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Getting More Information

22. Where do I get more information?

This website and the Notice summarize the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement, along with other Settlement related documents, on the Important Documents page. You may also write with questions to the mailing address below:

Saarloos v. The Cowboy Channel, LLC
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

You can call the Settlement Administrator at (833) 296-0893 or contact Class Counsel at info@bursor.com, if you have any questions. Before doing so, however, please read this website and the full Notice carefully.

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