by LawInc Staff
September 30, 2024
If you were a Peacock TV subscriber in California and got hit with automatic renewal fees between 2019-2024, a recent class action settlement may put money back in your pocket. Here’s everything you need to know about the case and how to get your piece of the $3.74 million pie.
From the sneaky billing tactics alleged to the nitty gritty of filing a claim, this guide breaks down the Winston v. Peacock TV LLC lawsuit in plain English. Learn what Peacock was accused of, what the settlement provides, and how to tell if you’re owed a payout.
Don’t let the legal jargon scare you off – we’ll explain the case details and California auto-renewal law basics so you can make sense of it all. Seasoned attorney or Average Joe, after reading this you’ll know everything there is to know about this Peacock settlement.
1. Understand the Allegations Against Peacock TV
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- Automatic Renewal Without Clear Terms: Plaintiff claims Peacock signed CA subscribers up for auto-renew without properly disclosing it.
- Charging Cards Without Express Consent: The suit says Peacock charged customers’ cards for renewals without getting their explicit OK.
- Failure to Provide Confirmation with Renewal Terms: Peacock is accused of not sending post-payment confirmations with auto-renewal details.
- Inadequate Cancellation Mechanism: The lawsuit alleges Peacock didn’t make it easy for subscribers to cancel auto-renewals online.
- Violating CA Auto-Renewal Law: Plaintiff claims these practices broke California’s Automatic Renewal Law (ARL) and similar statutes.
Examples:
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- Holly signed up for Peacock Premium thinking it was a one-time fee, not realizing it would auto-renew indefinitely.
- Bob didn’t expressly agree to recurring charges but Peacock kept billing his card for months after his trial ended.
- Marisol never got an email from Peacock after payment explaining her plan details and how to cancel future renewals.
- Joe couldn’t find any easy way to turn off auto-renewal online and had to jump through hoops to stop future charges.
- The lawsuit says these are textbook violations of CA’s ARL, which requires clear terms, express consent, and simple cancellation.
How It Works:
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- CA’s ARL requires businesses to clearly disclose auto-renewal terms, get affirmative consent, and provide easy cancellation.
- Terms must be presented in visual proximity to the consent action, not buried in fine print or legalese.
- Customer’s consent must be explicit and optional – can’t be assumed from general site usage or required for purchase.
- After an order, business must send confirmation with renewal terms, cancellation policy, and how to stop future charges.
- CA subscribers must be able to cancel auto-renewals online, without unnecessary extra steps, conditions, or delays.
FAQs:
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- What is an automatic renewal? A plan that keeps charging you until you cancel, rather than expiring after a set time.
- Why does CA have an automatic renewal law? To protect consumers from sneaky subscription fees and make terms clear.
- Does Peacock admit to violating the ARL? No, they deny fault but agreed to settle to avoid further litigation.
- Do other states have auto-renewal laws? Yes, but CA’s is one of the most robust. About 20 states have some form of ARL.
- What happens if a business breaks the ARL? They may face lawsuits and have to issue refunds, change practices, pay damages.
2. See If You’re Part of the Class (And What That Means)
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- Defining the “Class”: Settlement class includes CA residents enrolled in auto-renew Peacock plans 9/15/19 to 2/27/24.
- What Subs Qualify: Both yearly and monthly auto-renew plans started online via Peacock site/app using a CA address.
- Fees You Paid Matter: To be a class member, you must have been charged and paid Peacock renewal fees in that period.
- Certain Folks Excluded: Class excludes Peacock/NBC employees, attorneys, judge, any who properly opt out.
- Why Class Status Matters: Class members can get settlement $$, object or comment on terms, but give up right to sue separately.
Examples:
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- Gina signed up for Peacock in LA in 2020 on a monthly renewal plan and got charged 6 times – she’s in the class.
- Henry bought an annual Peacock sub using his San Diego address in 2022 and it auto-renewed in 2023 – he qualifies.
- Mary’s one-time Peacock purchase didn’t renew so she never paid any renewal fees – not a class member.
- Jack works for NBC Universal so even though his Peacock plan renewed, he’s excluded from the class.
- Class members like Gina and Henry can file claims for a portion of the settlement or object – but not sue Peacock separately.
How It Works:
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- In a class action, one person (the lead plaintiff) sues on behalf of a whole group of similarly situated people (the class).
- Court certifies (approves) the class if it meets certain legal criteria, like members having same type of claim against defendant.
- Class helps level playing field against big companies, pools resources. Not practical for everyone to sue individually.
- If case settles, class members have right to part of settlement, object to terms, or opt-out and preserve right to sue solo.
- But class settlement binds all members who don’t opt out – can’t later sue separately on same grounds.
FAQs:
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- How do I know if I’m in the class? If you fit the criteria (CA resident, auto-renew plan, paid fees in the period), you’re in.
- What if I had a Peacock sub but don’t live in CA? Only CA residents with a CA billing address qualify for this case.
- Are all Peacock subscribers part of the class? No, only those with auto-renew plans started online who paid renewal fees.
- Do I have to pay anything to be a class member? No, but if you stay in the class you give up your right to sue separately.
- What if I don’t want to be in the class? You can opt out by the deadline, but then you can’t get a settlement payment.
3. Discover What the $3.74M Settlement Provides
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- Big Bucks for Consumers: Peacock will pay $3,742,637 into a non-reversionary settlement fund to pay class claims.
- File a Claim, Get a Check: Class members who submit valid claims will get a pro-rata (fair share) payment – estimated at $18.33 each.
- Deadline to Act: You must file a claim by 11/13/24 or you get no payment. After that, unclaimed funds go to a legal aid group.
- Coming Into ARL Compliance: Peacock agrees to show auto-renewal terms clearly and get affirmative consent, per CA law.
- Making Cancellation Easier: They’ll send confirmation emails stating renewal terms and how to cancel for CA users.
Examples:
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- If 200,000 class members file claims from the $3.74M fund, each claimant would get about $18.33. ($3,742,637 / 200,000 = $18.71)
- More claims filed means each person’s share is a bit lower. 500K claims would mean roughly $7.40 each.
- A claimant who paid $60 in renewal fees over the years won’t get that full $60 back – just their proportional slice of the fund.
- To maximize your slice, file a valid claim before 11/13/24! After that, no soup for you even if you qualified.
- Peacock must now comply with the ARL in CA – showing clear pricing/terms and getting consent before charging.
How It Works:
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- A non-reversionary fund means Peacock pays the whole amount, even if not all is claimed. Rest goes to charity, not back to Peacock.
- Pro-rata means in proportion. Your payment is based on the total claims filed, not necessarily your actual damages.
- Equitable distribution of limited fund. More claims = smaller individual shares, but all class members treated fairly.
- Strict claims deadline ensures efficient processing, timely payments. Court can approve late claims for good cause.
- Injunctive relief (ARL compliance) helps prevent future issues. Court supervises to make sure Peacock follows through.
FAQs:
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- How much will claimants actually get? It depends on how many people file claims. More claims = smaller shares and vice versa.
- Will I get a full refund of my renewal fees? Unlikely. Payments are pro-rata shares of the $3.74M, not tied to your personal total.
- What if I miss the claim deadline? Unless the Court approves a late claim for good reason, you get nothing if you miss 11/13/24.
- How will Peacock change its practices? They must follow the ARL – clear terms, affirmative consent before renewals, easy cancellation.
- Does this settlement mean Peacock broke the law? Not necessarily. They deny fault but settled to end the case. Court didn’t rule either way.
4. Learn About the Lawyers & Legalese (In Plain English!)
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- Class Counsel – Your Legal Eagles: Law firms Bursor & Fisher and Gucovschi Rozenshteyn represent the class. Court still must approve.
- Fees? What Fees? Class Counsel will ask for up to 33.33% of the fund ($1.25M) to cover their work. Subject to Court approval.
- Named Plaintiff Prize: Lead plaintiff Winston gets $5K from the fund for her time/effort if Court says OK.
- The Value of a Good Release: Detailed release terms make it crystal clear what claims class gives up by settling (related to this case only!).
- Objection Roadmap: Don’t like the deal? You can object and tell the Court why. It’s your right, here’s how to do it properly!
Examples:
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- Bursor & Fisher have won millions for consumers in similar auto-renew cases – Court will likely approve them here.
- If Court thinks 33% is too high, it can award less. Leftover $ goes to class, not back to Peacock.
- Named plaintiffs often get a “service award” for sticking their neck out. Court must OK $5K for Winston’s time/effort.
- Release = class gives up right to sue Peacock again over auto-renewals & fees during the class period. Can’t double-dip!
- Think $18 is too low or fees are too high? File a valid objection with the Court by the deadline and explain your beef.
How It Works:
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- Court appoints class counsel to represent the group’s interests. Must be experienced, no conflicts of interest.
- Counsel typically work on contingency – paid a % of the settlement/judgment. Court decides if % is fair.
- Lead plaintiff represents the class, works more closely with counsel, may attend hearings. Court can award them extra $.
- Release prevents class members from re-litigating settled issues against defendant. Gives certainty to both sides.
- Objectors can challenge settlement terms they disagree with. Court considers objections when deciding whether to approve.
FAQs:
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- How do I know the lawyers are legit? Court vets class counsel to ensure they’re qualified and have no conflicts of interest.
- What if I don’t like my class counsel? You can hire your own lawyer to advise you or appear in the case, but you must pay them.
- Why does the lead plaintiff get extra money? Incentive awards compensate them for the extra time/effort of representing the class.
- Can I exclude myself from the release? Yes, you can opt-out of the whole settlement by the deadline. But then no $$ for you.
- What if the Court ignores my objection? The Court will consider proper objections but has discretion to overrule. You could try to appeal.
5. Get Step-by-Step Help Claiming Your Share
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- Do You Qualify? First, confirm you fit the class definition – CA resident, auto-renewal, paid fees between 9/15/19 and 2/27/24.
- File That Claim: Fill out & submit a claim form online or by mail before 11/13/24. List Peacock sub & payment details.
- Keep an Eye Out: Check email & mail for important notices. Make sure your spam filter isn’t eating the settlement info!
- Stay Patient: After final approval (fairness hearing set for 11/21/24), it takes a few months to process claims & cut checks.
- Cash That Check: Deposit or cash your settlement check within 180 days. After that, it’s void and the $$ goes to charity.
Examples:
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- Ava checks the class definition, sees she qualifies, and submits her claim form online before the deadline.
- Luis gets a notice in the mail because he’s a class member. He files a claim by mail and waits for his payment.
- Nadia forgot she ever signed up for Peacock but gets an email notice about the settlement. She searches her inbox to find signup/renewal confirmations.
- Omar objects to the settlement because he thinks the payout is too low. He follows the instructions to file his objection with the Court.
- After final approval, Mia gets a $20 settlement check. She cashes it right away so she doesn’t forget and lose out!
How It Works:
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- Settlement admin handles notice & claims process. Notices go out by email/mail to all class members they can locate.
- Claim forms are simple – just basic info about your Peacock subscription needed. File online or by mail by the deadline.
- Court holds fairness hearing to consider any objections & decide whether to give final approval to the deal.
- If approved, settlement admin reviews all claims, tosses dupes & frauds, calculates pro-rata shares, mails checks.
- Cashing the check = accepting the settlement terms. Most banks will cash a check for non-customers, may charge a small fee.
FAQs:
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- How do I know if I got a notice? Check your email (even spam) & regular mail. Contact the settlement admin if unsure.
- What if I miss the claim deadline? You’re out of luck unless the court decides to accept late claims for good cause shown.
- When will I get my money if approved? Typically a few months after final approval, but could be longer if there are appeals.
- How long are settlement checks good for? Read the fine print! Usually 90-180 days before they expire & the $$ goes to the state.
- Can I sue Peacock again if I cash the check? No, cashing the check = agreeing not to sue them again over the settled claims.
Summary
Millions of Peacock users in California may be eligible for a payout thanks to this class action settlement over alleged auto-renewal violations. At stake is a $3.74 million fund that Peacock has agreed to cough up to settle the case.
To get your share, you just need to have signed up for Peacock in California with an auto-renew plan & paid renewal fees between 9/15/19 and 2/27/24. If that’s you, all you need to do is file a simple claim form by 11/13/24 – online or by mail.
If the Court approves the deal and you file on time, boom – you’re in line for about $18, depending on how many people claim. Plus Peacock has to get its auto-renew act together in CA going forward. It’s a win-win for consumers!
Test Your Peacock Settlement Smarts
Questions: Peacock Class Action Basics
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- 1. What’s this Peacock class action lawsuit about?
- A) Glitchy video streaming
- B) False advertising of content
- C) Automatic renewal practices
- D) Charging more than Netflix
- 2. What law(s) does the suit claim Peacock violated?
- A) California’s Automatic Renewal Law
- B) The federal Lanham Act
- C) California’s Consumer Privacy Act
- D) The FTC’s Endorsement Guidelines
- 3. What does Peacock say about the lawsuit’s claims?
- A) The claims are true and they admit fault
- B) The claims have some merit but are exaggerated
- C) The claims are false and they did nothing wrong
- D) They don’t have a public position on the claims
- 4. Why did Peacock agree to settle the case?
- A) To save money on legal fees
- B) To avoid the uncertainty of a trial
- C) To put the matter behind them
- D) All of the above
- 5. What class period does the settlement cover?
- A) September 2019 to February 2024
- B) January 2018 to December 2022
- C) July 2020 to April 2023
- D) March 2021 to June 2024
- 1. What’s this Peacock class action lawsuit about?
Answers: Peacock Class Action Basics
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- 1. C) The lawsuit claims Peacock’s automatic renewal practices violated California law.
- 2. A) The main law at issue is California’s Automatic Renewal Law (ARL) and similar statutes.
- 3. C) Peacock denies the claims and says it did nothing wrong, but still chose to settle.
- 4. D) Peacock likely settled to avoid further legal costs, trial risks & uncertainty, and bad PR.
- 5. A) The settlement class period runs from 9/15/2019 to 2/27/2024.
Questions: Your Options & Next Steps
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- 1. How much can class members expect to get from this settlement?
- A) A full refund of all Peacock fees paid
- B) Around $18 per class member
- C) $100 Peacock credit
- D) Nothing unless you file a claim
- 2. What’s the deadline to file a claim?
- A) November 13, 2024
- B) December 31, 2024
- C) February 27, 2025
- D) There is no deadline
- 3. How can class members submit a claim?
- A) Online through the settlement website
- B) By mailing in a paper claim form
- C) Both A and B
- D) By calling a 1-800 number
- 4. What happens if you do nothing?
- A) You’re included in the settlement and get a check
- B) You’re excluded from the settlement entirely
- C) You’re included but won’t get paid unless you file a claim
- D) Peacock will cancel your subscription
- 5. When is the deadline to opt out or object to the settlement?
- A) September 1, 2024
- B) October 31, 2024
- C) November 13, 2024
- D) January 15, 2025
- 1. How much can class members expect to get from this settlement?
Answers: Your Options & Next Steps
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- 1. B) Eligible class members will get a pro-rata share of the fund, estimated around $18 each.
- 2. A) The deadline to file a claim for a settlement payment is November 13, 2024.
- 3. C) Claims can be submitted online or by mail – both are valid options.
- 4. C) If you do nothing, you’re still in the class but won’t get paid unless you file a claim.
- 5. C) November 13, 2024 is the deadline to opt out of or object to the settlement terms.
Settlement Documents
Court Documents
- Notice of Motion and Unopposed Motion for Order Granting Preliminary Approval of Class Action Settlement
- Memorandum of Law in Support of Plaintiff’s Unopposed Motion for Preliminary Approval of Class Action Settlement
- Order Granting Preliminary Approval of Class Action Settlement Agreement, Conditionally Certifying Settlement Class, Appointing Class Representative, Appointing Class Counsel, and Approving Notice Plan
- Class Action Complaint
- Class Action Settlement Agreement
Also See
Exposed: Data Broker NPD Sued for Massive Breach Endangering 2.9 Billion People’s Identities
The SkinnyPop Saga: A Tale of Deception and Underfilled Bags
The Scoop on Breyers’ $8.85M “Natural Vanilla” Settlement: What You Need to Know
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