Find answers to frequently asked questions about the lawsuit, your legal rights, and options.
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1. Why is Notice being provided?
The Notice explains that a settlement has been reached in a class action lawsuit that may affect you if you are a person, business association, entity, or corporation who purchased a YouTube TV or DirecTV Stream subscription from the period beginning April 1, 2019, through March 31, 2026.
The Honorable Edward J. Davila of the United States District Court for the Northern District of California is overseeing this class action. The lawsuit is known as Heather Biddle, et al. v. The Walt Disney Company, Case No. 5:22-cv-07317-EJD (the “lawsuit”).
The Notice only applies to the YouTube TV and DirecTV Stream Plaintiffs (together, “Settling Parties”). FuboTV Plaintiffs have not settled with Defendant.
The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the company sued, The Walt Disney Company, is called the “Defendant.”
The Honorable Edward J. Davila of the United States District Court for the Northern District of California is overseeing this class action. The lawsuit is known as Heather Biddle, et al. v. The Walt Disney Company, Case No. 5:22-cv-07317-EJD (the “lawsuit”).
The Notice only applies to the YouTube TV and DirecTV Stream Plaintiffs (together, “Settling Parties”). FuboTV Plaintiffs have not settled with Defendant.
The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the company sued, The Walt Disney Company, is called the “Defendant.”
2. Why is the lawsuit a class action?
In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt out) from the class.
3. What is this lawsuit about?
The Settling Parties allege Defendant violated federal antitrust law and various state antitrust and consumer-protection laws by engaging in various forms of conduct to raise the prices of SLPTV and that these acts caused the Settlement Classes to incur damages.
Defendant denies the legal claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Defendant, or that any law has been violated.
Defendant denies the legal claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Defendant, or that any law has been violated.
4. Why is there a Settlement?
The Settling Parties and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Settling Parties or Defendant. Instead, the Settling Parties and Defendant have agreed to settle the lawsuit. The Settling Parties and their lawyers believe the Settlement is best for the Settlement Classes because of the Settlement benefits available and the risks and uncertainty associated with continuing the lawsuit.
5. How do I know if I am included in the Settlement?
The Settlement Classes consist of the YouTube TV Settlement Class and the DirecTV Stream Settlement Class.
The “YouTube TV Settlement Class” consists of all Persons who purchased a YouTube TV subscription from the period beginning April 1, 2019, through March 31, 2026.
The “DirecTV Stream Settlement Class” consists of all Persons who purchased a DirecTV streaming live pay TV subscription (branded at various times as, at least, DirecTV Stream, DirecTV Now, and AT&T TV Now) from the period beginning April 1, 2019, through March 31, 2026.
The Settlement requires the Net Settlement Fund (i.e., the Gross Settlement Fund less notice and claims administration costs, attorney’s fees, and certain other costs and fees) be allocated between Settlement Class Members in “Repealer Jurisdictions” and Settlement Class Members in “Non-Repealer Jurisdictions.”
The Repealer Jurisdictions include Settlement Class Members in the following states and United States territories: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Guam, Hawaii, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.
Settlement Class Members located in all remaining states are considered part of Non-Repealer Jurisdictions.
The “YouTube TV Settlement Class” consists of all Persons who purchased a YouTube TV subscription from the period beginning April 1, 2019, through March 31, 2026.
The “DirecTV Stream Settlement Class” consists of all Persons who purchased a DirecTV streaming live pay TV subscription (branded at various times as, at least, DirecTV Stream, DirecTV Now, and AT&T TV Now) from the period beginning April 1, 2019, through March 31, 2026.
The Settlement requires the Net Settlement Fund (i.e., the Gross Settlement Fund less notice and claims administration costs, attorney’s fees, and certain other costs and fees) be allocated between Settlement Class Members in “Repealer Jurisdictions” and Settlement Class Members in “Non-Repealer Jurisdictions.”
The Repealer Jurisdictions include Settlement Class Members in the following states and United States territories: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Guam, Hawaii, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.
Settlement Class Members located in all remaining states are considered part of Non-Repealer Jurisdictions.
6. Are there exceptions to being included in the Settlement?
Yes. Excluded from the Settlement Classes are Disney, its employees, officers, directors, legal representatives, heirs, successors, and wholly or partly owned subsidiaries or Affiliates; counsel for the Parties and their employees; and the judicial officers and immediate family members and associated Court staff assigned to this lawsuit.
7. What if I am still not sure whether I am part of the Settlement?
If you are still not sure whether you are a Settlement Class Member, you may review Documents pertaining to this Settlement here or call toll-free 1-877-704-2517.
8. What does this Settlement provide?
If the Settlement is approved, Defendant will pay $50 million ($50,000,000) to resolve all Settlement Class Members’ legal claims against Defendant for the Released Claims (as defined in the Settlement Agreement).
90% of the Net Settlement Fund will be allocated for payments to Settlement Class Members who resided in a Repealer Jurisdiction at any time during the class period. 10% of the Net Settlement Fund will be allocated for payments to the remaining Settlement Class Members located in the Non-Repealer Jurisdictions.
If you are a member of the Settlement Classes, you can submit a claim form to receive a pro rata (a legal term meaning equal share) cash payment proportional to the length of your YouTube TV and/or DirecTV Stream subscription.
If you have both a YouTube TV and a DirecTV Stream subscription and would like to receive a cash payment for each subscription, please submit one claim form containing information for both subscriptions.
DirecTV Stream subscriptions include subscriptions for DirecTV streaming pay live television services such as DirecTV Stream, DirecTV Now, and AT&T TV Now.
In addition to this monetary benefit, Defendant has also agreed to certain non-monetary relief including commitments related to their business practices.
90% of the Net Settlement Fund will be allocated for payments to Settlement Class Members who resided in a Repealer Jurisdiction at any time during the class period. 10% of the Net Settlement Fund will be allocated for payments to the remaining Settlement Class Members located in the Non-Repealer Jurisdictions.
If you are a member of the Settlement Classes, you can submit a claim form to receive a pro rata (a legal term meaning equal share) cash payment proportional to the length of your YouTube TV and/or DirecTV Stream subscription.
If you have both a YouTube TV and a DirecTV Stream subscription and would like to receive a cash payment for each subscription, please submit one claim form containing information for both subscriptions.
DirecTV Stream subscriptions include subscriptions for DirecTV streaming pay live television services such as DirecTV Stream, DirecTV Now, and AT&T TV Now.
In addition to this monetary benefit, Defendant has also agreed to certain non-monetary relief including commitments related to their business practices.
9. What am I giving up to receive a cash payment or stay in the Settlement Classes?
Unless you exclude yourself (opt out), you will remain in one or both of the Settlement Classes. If the Settlement is approved and becomes Final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Releasees about the Released Claims in this lawsuit. The specific rights you are giving up are called “Released Claims.”
10. What are the Released Claims?
Sections 10-14 of the Settlement Agreement describes the Releases, Released Claims, and Releasees in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here. For questions regarding the Releases, Released Claims, or Releasees, and what the language in the Settlement Agreement means, you can also contact Lead Counsel listed below for free, or you can talk to your own lawyer at your own expense.