Link to legal settlement Link to article Article said: A sex toy company has agreed to pay customers up to $10,000 each in a class action lawsuit it settled in federal court last week after its connected vibrators got a little too close for comfort. An Illinois woman sued the parent company, Standard Innovation, for secretly collecting intimate details about its customers’ use of the We-Vibe through the accompanying app, which allows users to control the device remotely and customize its features.
Customers who used the app to control the We-Vibe device before Sept. 26, 2016 are eligible for up to $10,000 in fees whereas those who simply bought a device are eligible to receive up to $199 each.
CouponClippen said: No actual link for filing and the 'settlement' link goes to a storage site. Scribd does contain the legal settlement document; couldnt find another public/open source for it. The settlement was filed March 9. I am sure the filing will be setup shortly.
I saw a Guardian article about this today and didn't recall having seen it mentioned on the class actions master thread, so I looked the topic up on FW to see if it had been mentioned in its own thread, and found this one.
This is the Guardian article I ran across: https://www.theguardian.com/technology/2017/mar/14/we-vibe-vibrator-tracking-users-sexual-habits "Sex toy maker We-Vibe has agreed to pay customers up to C$10,000 (£6,120) each after shipping a “smart vibrator” which tracked owners’ use without their knowledge. Following a class-action lawsuit in an Illinois federal court, We-Vibe’s parent company Standard Innovation has been ordered to pay a total of C$4m to owners, with those who used the vibrators associated app entitled to the full amount each. Those who simply bought the vibrator can claim up to $199. The We-Vibe 4 Plus is a £90 bluetooth connected vibrator, which can be controlled through an app. It is marketed as a way to “allow couples to keep their flame ignited – together or apart”. Its app-enabled controls can be activated remotely, allowing, for instance, a partner on the other end of a video call to interact. But the app came with a number of security and privacy vulnerabilities, which added up to produce something that many would feel uncomfortable about using. The app that controls the vibrator is barely secured, allowing anyone within bluetooth range to seize control of the device. In addition, data is collected and sent back to Standard Innovation, letting the company know about the temperature of the device and the vibration intensity – which, combined, reveal intimate information about the user’s sexual habits. The flaws with the We-Vibe sex toy were first revealed at the Def Con hacking conference in Las Vegas in 2016 by New Zealand-based hackers “goldfisk” and “follower”. Speaking there, the pair argued that the problem was a “serious issue”: “unwanted activation of a vibrator is potentially sexual assault”, follower said. In practice, given the C$4m total settlement and the requirement to pay various legal fees first, most We-Vibe owners are likely to receive somewhat less than the full $10,000 they are entitled to. In a statement given to press, Standard Innovation said: “At Standard Innovation we take customer privacy and data security seriously. We have enhanced our privacy notice, increased app security, provided customers [with] more choice in the data they share, and we continue to work with leading privacy and security experts to enhance the app. With this settlement, Standard Innovation can continue to focus on making new, innovative products for our customers.” "
Thank you for reaching out about the We-Vibe lawsuit. Below is a little more information about the current status of the case and how class members will be able to participate in the upcoming months. Yesterday, the Court granted Plaintiffs’ motion for preliminary approval of the class action settlement. This means that the Court has permitted notice to be issued to class members. Notice of the settlement will go out by no later than May 15, 2017, and will provide class members with information about the settlement and explain how to file claims and/or comment on the settlement. Once notice goes out, class members will have until July 20, 2017 to file a claim form.
After notice goes out, Plaintiffs will move for final approval of the settlement and the Court will hold a hearing on that motion. That hearing will likely take place in August of this year, but a hearing date has not yet been scheduled.
If you are a class member and want to ensure that you get notice directly by email, please let me know, and I will provide your contact information directly to our third party claims administrator. To be a class member, you must reside in the US and have purchased one Standard Innovation's Bluetooth enabled products, which include: the We-Vibe® Classic; We-Vibe® 4 Plus; We-Vibe® 4 Plus App Only; Rave by We-Vibe™ and Nova by We-Vibe™ (the "Purchaser" Class) and/or downloaded the We-Vibe app (the "App" Class) by September 26, 2016, which is the date Standard Innovation changed its practices to comply with the law. Some people will be members of both classes.
Additionally, should you want to keep track of the status of the settlement, you can visit the Settlement Website: www.SICclassactionsettlement.com. The Settlement Website will be up and running by April 7, 2017. The Settlement Website will contain a copy of the Complaint, which details the Plaintiffs' allegations against Standard Innovation, as well as a copy of the settlement agreement, which details the steps that Standard Innovation has agreed to take to ensure that its practices comply with the law.
Thank you for reaching out about the We-Vibe lawsuit.
In order to be a class member you must be a consumer in the US and have purchased one of the various products at issue and/or use the app prior to September 26, 2016, which is the date Standard Innovation changed its practices to comply with the law. As a consumer in Europe, you are not a class member in this particular case, which focuses specifically on Standard Innovation’s practices with regard to US consumers.
We are not aware of any current investigations into this issue taking place with respect to European consumers and as we are only licensed to practice in the US, we are unfortunately unable to pursue claims in European courts.
Please feel free to reach out if you have any other questions.
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