McDaniel et al v. Home Box Office Inc.
Case Summary
On March 8, 2022, Angel McDaniel and Constance Simon (collectively, “Plaintiffs”), individually and on behalf of all other persons similarly situated, represented by Joshua David Arisohn of Bursor & Fisher P.A., filed a class action lawsuit against Home Box Office, Inc. (“HBO” or “Defendant”), seeking damages and injunctive relief for alleged violation of the Video Privacy Protection Act. This case was filed in the U.S. District Court for the Southern District of New York, with Judge Valerie E. Caproni presiding.
Plaintiffs seek to represent a class of similarly situated individuals defined as all persons in the U.S. who subscribe to HBO Max (the “Class”).
In the complaint, the plaintiffs claimed that “HBO advertises HBO Max as a ‘premium streaming app that combines all of HBO with even more must-see TV series, blockbuster movies, and exclusive Max Originals.’”
Plaintiffs also claimed, “To subscribe to HBO Max, an individual must pay money, typically between $10 and $15 a month.27 HBO Max and HBO’s cable channel have a combined 73.8 million global subscribers and 46.8 million U.S.-based subscribers. AT&T, HBO’s parent company, expects that number to reach between 120 million and 150 million by 2025.29.”
The plaintiffs further claimed that “HBO has fueled its ambitions by embarking on an unprecedented advertising blitz. In the first half of 2021, HBO outspent every other streaming service on total money spent on advertising, expending $375 million to showcase new seasons, series and movies on HBO Max. Of that, ‘50% of HBO’s budget was funneled into Facebook campaigns, garnering 23.4 billion impressions from link posts and video ads promoting its new release of Justice League and the star-studded HBO original movie, The Little Things.’ That made HBO Max the top spending advertiser on Facebook for the second quarter of 2021.32.”
The plaintiffs then alleged, “Plaintiffs bring this action for damages and other legal and equitable remedies resulting from the illegal actions of Defendant in knowingly disclosing personally identifiable information—including a record of every video clip they view—to Facebook without consent.”
Plaintiffs alleged, “The United States Congress passed the Video Privacy Protection Act (‘VPPA’) in 1988, seeking to confer onto consumers the power to ‘maintain control over personal information divulged and generated in exchange for receiving services from video tape service providers.’ S. Rep. No. 100-599, at 8.”
The plaintiffs also alleged, “The Act reflects the central principle of the Privacy Act of 1974: ‘that information collected for one purpose may not be used for a different purpose without the individual’s consent.’ Defendant violated the VPPA by knowingly transmitting Plaintiffs’ and the putative class’s personally identifiable information to unrelated third parties.”
Plaintiffs presented one claim for relief for alleged violation of the VPPA, 18 U.S.C. § 2710, et seq.
In their prayer for relief, the plaintiffs requested an order declaring that Defendant’s conduct violates the VPPA, statutory damages, punitive damages, injunctive relief, and pre-judgment interest on all amounts awarded.
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Case Details
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Case Number:
1:22-CV-01942
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Filing Date:
03/08/2022
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Case Status:
Pending - Other Pending
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Case Type:
Other
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Court:
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Courthouse:
Judge Details
Presiding Judge
Valerie E. Caproni
Party Details
Plaintiffs
Angel McDaniel
Constance Simon
Defendant
Home Box Office Inc.
Attorney/Law Firm Details
Plaintiff Attorneys
Joel D. Smith
Philip Lawrence Fraietta
Joshua David Arisohn
Defendant Attorneys
David Barry Schwartz
Elisabeth S. Theodore
Kenneth L. Chernof
Court Documents
(#34) OPINION AND ORDER re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). filed by Angel McDaniel, Constance Simon, #17 MOTION to Compel Arbitration . filed by Home Box Office Inc.. For the reasons discussed above, Defendant's motion to compel arbitration, to dismiss the class claims, and to stay the case is GRANTED, and Plaintiffs' motion to appoint class counsel is DENIED as moot. The parties must submit a joint update on the status of arbitration every six months, on the fifteenth of that month, or if the fifteenth falls on a weekend or holiday, on the first business day thereafter. The first update is due on July 15, 2023. The Clerk of Court is respectfully directed to STAY the case and terminate the open motions at docket entries 17 and 29. SO ORDERED. Case stayed. (Signed by Judge Valerie E. Caproni on 1/27/2023) (tg) (Entered: 01/27/2023)
(#33) REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). . Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 10/13/2022)
(#32) RESPONSE in Opposition to Motion re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). . Document filed by Home Box Office Inc...(Chernof, Kenneth) (Entered: 10/06/2022)
(#31) DECLARATION of Philip L. Fraietta in Support re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3).. Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 09/23/2022)
(#30) MEMORANDUM OF LAW in Support re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). . Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 09/23/2022)
(#29) MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 09/23/2022)
(#28) DECLARATION of TAYLOR DAVIS in Support re: #17 MOTION to Compel Arbitration .. Document filed by Home Box Office Inc...(Chernof, Kenneth) (Entered: 06/24/2022)
(#27) REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Compel Arbitration . . Document filed by Home Box Office Inc...(Chernof, Kenneth) (Entered: 06/24/2022)
Exhibit Declaration of Constance Simon
Exhibit Declaration of Angel McDaniel
Main Document
(#26) MEMORANDUM OF LAW in Opposition re: #17 MOTION to Compel Arbitration . . Document filed by Angel McDaniel, Constance Simon. (Attachments: #1 Exhibit Declaration of Angel McDaniel, #2 Exhibit Declaration of Constance Simon).(Arisohn, Joshua) (Entered: 06/03/2022)
(#6) NOTICE OF APPEARANCE by Philip Lawrence Fraietta on behalf of Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 03/15/2022)
(#5) SUMMONS RETURNED EXECUTED. Home Box Office Inc. served on 3/11/2022, answer due 4/1/2022. Service was accepted by Vincenza Cipriano, Registered Agent. Document filed by Angel McDaniel; Constance Simon..(Arisohn, Joshua) (Entered: 03/15/2022)
(#4) ELECTRONIC SUMMONS ISSUED as to Home Box Office Inc...(pc) (Entered: 03/09/2022)
(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Home Box Office, Inc., re: #1 Complaint. Document filed by Angel McDaniel, Constance Simon..(Arisohn, Joshua) (Entered: 03/08/2022)
(#2) CIVIL COVER SHEET filed..(Arisohn, Joshua) (Entered: 03/08/2022)
(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Home Box Office, Inc., re: #1 Complaint. Document filed by Angel McDaniel, Constance Simon..(Arisohn, Joshua) (Entered: 03/08/2022)
Docket Entries
Docket(#34) OPINION AND ORDER re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). filed by Angel McDaniel, Constance Simon, #17 MOTION to Compel Arbitration . filed by Home Box Office Inc.. For the reasons discussed above, Defendant's motion to compel arbitration, to dismiss the class claims, and to stay the case is GRANTED, and Plaintiffs' motion to appoint class counsel is DENIED as moot. The parties must submit a joint update on the status of arbitration every six months, on the fifteenth of that month, or if the fifteenth falls on a weekend or holiday, on the first business day thereafter. The first update is due on July 15, 2023. The Clerk of Court is respectfully directed to STAY the case and terminate the open motions at docket entries 17 and 29. SO ORDERED. Case stayed. (Signed by Judge Valerie E. Caproni on 1/27/2023) (tg) (Entered: 01/27/2023)
[-] Read LessDocket(#33) REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). . Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 10/13/2022)
[-] Read LessDocket(#32) RESPONSE in Opposition to Motion re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). . Document filed by Home Box Office Inc...(Chernof, Kenneth) (Entered: 10/06/2022)
[-] Read LessDocket(#31) DECLARATION of Philip L. Fraietta in Support re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3).. Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 09/23/2022)
[-] Read LessDocket(#30) MEMORANDUM OF LAW in Support re: #29 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). . Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 09/23/2022)
[-] Read LessDocket(#29) MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g)(3). Document filed by Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 09/23/2022)
[-] Read LessDocket(#28) DECLARATION of TAYLOR DAVIS in Support re: #17 MOTION to Compel Arbitration .. Document filed by Home Box Office Inc...(Chernof, Kenneth) (Entered: 06/24/2022)
[-] Read LessDocket(#27) REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Compel Arbitration . . Document filed by Home Box Office Inc...(Chernof, Kenneth) (Entered: 06/24/2022)
[-] Read LessDocket(#26) MEMORANDUM OF LAW in Opposition re: #17 MOTION to Compel Arbitration . . Document filed by Angel McDaniel, Constance Simon. (Attachments: #1 Exhibit Declaration of Angel McDaniel, #2 Exhibit Declaration of Constance Simon).(Arisohn, Joshua) (Entered: 06/03/2022)
[-] Read LessDocket(#25) ORDER FOR ADMISSION PRO HAC VICE. IT IS HEREBY ORDERED that Applicant, Joel D. Smith, is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Valerie E. Caproni on 6/2/2022) (kv) Modified on 6/3/2022 (kv). (Entered: 06/02/2022)
[-] Read LessDocket(#6) NOTICE OF APPEARANCE by Philip Lawrence Fraietta on behalf of Angel McDaniel, Constance Simon..(Fraietta, Philip) (Entered: 03/15/2022)
[-] Read LessDocket(#5) SUMMONS RETURNED EXECUTED. Home Box Office Inc. served on 3/11/2022, answer due 4/1/2022. Service was accepted by Vincenza Cipriano, Registered Agent. Document filed by Angel McDaniel; Constance Simon..(Arisohn, Joshua) (Entered: 03/15/2022)
[-] Read LessDocket(#4) ELECTRONIC SUMMONS ISSUED as to Home Box Office Inc...(pc) (Entered: 03/09/2022)
[-] Read LessDocketCase Designated ECF. (pc) (Entered: 03/09/2022)
[-] Read LessDocketMagistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 03/09/2022)
[-] Read LessDocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 03/09/2022)
[-] Read LessDocket***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua David Arisohn. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331;. (pc) (Entered: 03/09/2022)
[-] Read LessDocket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Home Box Office, Inc., re: #1 Complaint. Document filed by Angel McDaniel, Constance Simon..(Arisohn, Joshua) (Entered: 03/08/2022)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed..(Arisohn, Joshua) (Entered: 03/08/2022)
[-] Read LessDocket(#1) COMPLAINT against Home Box Office Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25832043)Document filed by Angel McDaniel, Constance Simon..(Arisohn, Joshua) (Entered: 03/08/2022)
[-] Read Less
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