Feldman v. Star Tribune Media Company LLC

Background

Kyle Feldman, a Star Tribune website subscriber, brought this putative class action under the federal Video Privacy Protection Act. He alleged that Star Tribune used Facebook Pixel to send Facebook subscribers’ Facebook IDs and the URLs of videos they viewed. Star Tribune denied the allegations and admitted no liability.

The proposed settlement class covered people in the United States who, between July 7, 2020, and February 5, 2024, had or had a Facebook account, had or had a qualifying Star Tribune subscription, and viewed videos on Star Tribune’s website. After preliminary approval, notice was sent to 345,197 potential class members. More than 5,760 claims had been submitted, two people opted out, and no one objected.

Class Certification

The court determined that the settlement class satisfied Federal Rule of Civil Procedure 23(a), including numerosity, commonality, typicality, and adequacy. It also found that common questions predominated and that a class action was the superior method of resolving the claims under Rule 23(b)(3). The court therefore granted final certification of the settlement class.

Settlement Approval

The settlement creates a $2.9 million fund. After approved expenses, fees, and the service award, valid claimants will receive pro rata payments. Uncashed checks and unprocessed electronic payments will be redistributed to participating class members if feasible; otherwise, the funds will go to the Minnesota Justice and Democracy Centers or another approved nonprofit organization.

Star Tribune also agreed to suspend Facebook Pixel on website pages that both contain video content and substantially identify the video in the URL. At the final fairness hearing, Star Tribune confirmed that it had suspended the tool as required by the settlement.

Applying Rule 23(e)(2), the court found the settlement fair, reasonable, and adequate. It considered the case’s potential merits, the cost and complexity of continued litigation, the early stage at which the settlement was reached, the notice process, and the lack of objections. The court approved the settlement and the methods and forms of notice.

Fees, Expenses, and Service Award

The court granted Feldman’s motion for attorneys’ fees, litigation costs, and an incentive award. It awarded class counsel $945,963 in attorneys’ fees, equal to 32.6% of the settlement fund, and $20,703.07 in litigation expenses. The court also awarded Feldman a $5,000 service award. It found these amounts reasonable based on the benefit to the class, the lawyers’ work and risks, the lack of objections, and a cross-check comparing the fee to counsel’s hours and hourly rates.

Disposition

Judge Eric C. Tostrud granted final approval of the class action settlement, granted final certification of the settlement class, granted the motion for fees, expenses, and the service award, and approved the notice process. The action was dismissed with prejudice. The court retained jurisdiction over the parties and subject matter for purposes of interpreting and implementing the settlement agreement. The order approved the settlement and did not decide whether Star Tribune actually violated the Video Privacy Protection Act.