In re Vizio, Inc., Consumer Privacy Litigation
Opinion
Lead Opinion
Staton, J.
*1211 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS (Doc. 116)
I. INTRODUCTION
Before the Court is a Motion to Dismiss filed by Defendants VIZIO Inc., VIZIO Holdings, Inc., VIZIO Inscape Technologies, LLC, and VIZIO Inscape Services, LLC (collectively, “Vizio”). (Mot., Doc. 116.) Plaintiffs Dieisha Hodges, Rory Zufo-lo, William DeLaurentis, John Walsh, Chris Rizzitello, and Linda Thomson filed an Opposition, and Defendants replied. (Opp’n, Doc. 121; Reply, Doc. 123.) For the following reasons, the Court GRANTS IN PART and DENIES IN PART Defendants’ Motion to Dismiss.
II. BACKGROUND
Vizio is the second-largest manufacturer of “Smart TVs,” cutting-edge televisions equipped with integrated software that enables consumers to access the Internet and *1212 on-demand services such as Netflix, Hulu, and Pandora. (Compl. ¶¶ 33, 35, 45, Doc. 108.) Known as the “Vizio Internet Apps,” “Internet Apps Plus,” and “SmartCast,” Vizio’s content delivery software comes either preinstalled on its Smart TVs or is installed through software updates. (Id. ¶45.) Vizio markets its Smart TVs as a “passport to a world of entertainment, movies, TV shows and more” and charges a…