One Plaintiff Dismisses Claims Against Cox in VPPA Lawsuit

Plaintiff Edward Bienkowski dismissed his claims against Cox Media without prejudice Monday, and without costs or attorneys’ fees, said a filing (docket 1:22-cv-04462) in U.S. District Court for Northern Georgia in Atlanta. The action will proceed solely on claims of plaintiff Felecia Hawkins, who, with Bienkowski, sued Cox in November in a privacy class action, claiming violation of the Video Privacy Protection Act. Plaintiffs alleged Cox monetized its websites by “knowingly collecting and disclosing” their personal identifiable information to Facebook, including their Facebook IDs and the names of news clips they had viewed. Plaintiffs agreed in March to resolve all disputes through arbitration (see 2303290053). In a March amended complaint, plaintiffs admitted they had accessed terms Aug. 30, said Cox’s motion to compel arbitration, saying the amended complaint’s “bald denials” that plaintiffs weren’t presented with an arbitration agreement or class waiver had no weight because they were contradicted by "clear evidence of their notice and assent." The arbitration agreement also included a class action waiver, Cox said.