UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK
Sutton v. TED Foundation Inc., Case No. 1:23-cv-09219-DEH
Our Records Indicate You Have a TED Account and May Be Entitled to a Payment From a
Class Action Settlement.
A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer.
A settlement has been reached in a class action lawsuit against TED Foundation Inc.
(“TED” or “Defendant”). The class action lawsuit claims that TED allegedly disclosed
users’ personally identifiable information to third-party service providers, without users’
informed, written consent, in violation of the Video Privacy Protection Act (“VPPA”), 18
U.S.C. § 2710. The VPPA defines PII to include information which identifies a person as
having requested or obtained specific video materials or services from a video tape
service provider. Defendant denies that it engaged in any wrongful conduct or violated
any law, and the Court has not decided who is right. The parties have agreed to settle the
lawsuit to avoid the uncertainties and expenses associated with continuing the case.
You are included in the Settlement if you are a person in the United States who, between
October 19, 2021 and July 14, 2026, was a TED account holder and watched a pre-
recorded video on the website TED.com or on TED’s iOS or Android mobile applications
(“Settlement Class Member(s)”).
Persons included in the Settlement will be eligible to automatically receive two free
months of TED Membership (the “TED Membership Benefit,” estimated to have at
least a $10.00 value), subject to their agreement to activate the TED Membership
Benefit. However, each Settlement Class Member may instead file a Claim Form that
will, if approved by the Settlement Administrator, entitle him or her the option to select
in lieu of the TED Membership Benefit either (i) a cash payment for $5.00, subject to a
pro rata reduction as explained below, or (ii) a donation option, whereby a Settlement
Class Member agrees that their cash payment from the Settlement will be remitted as a
donation to TED Foundation Inc. See Question 6 for details. For those Settlement Class
Members who select the cash payment option, if approved by the Court, Defendant will
make available up to $350,000.00 under the Settlement to pay all valid claims
submitted by the Settlement Class (the “Settlement Fund”). In no event shall the
amount Defendant pays in cash to said Settlement Class Members exceed $350,000.00.
Read this notice carefully. Your legal rights are affected whether you act, or don’t act.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING You will automatically receive the TED Membership Benefit
(subject to your activation of the benefit). Selecting this option
will give up your rights to sue Defendant about the claims in
this case.
SUBMIT A CLAIM By submitting a claim form, you will have the option to receive
FORM BY OCTOBER a cash payment or donate your cash payment to TED. Selecting
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26, 2026 this option will give up your rights to sue Defendant about the
claims in this case.
EXCLUDE YOURSELF If you opt out of the settlement class, you will receive no benefits
BY LETTER BY from the Settlement, but you will retain any rights you currently
OCTOBER 26, 2026 have to sue Defendant about the claims in this case.
OBJECT BY OCTOBER If you remain in the settlement class but don’t like the
26, 2026 Settlement, you can write to the Court explaining why you don’t
like the Settlement.
GO TO THE HEARING If you remain in the settlement class and have objected to the
ON NOVEMBER 12, Settlement, you can ask to speak in Court about your opinion of
2026 the Settlement.
Your rights and options—and the deadlines to exercise them—are explained in this Notice.
BASIC INFORMATION
1. Why was this Notice issued?
A Court authorized this Notice because you have a right to know about a proposed
Settlement of this class action lawsuit and about all of your options, before the Court
decides whether to give final approval to the Settlement. This Notice explains the
lawsuit, the Settlement, and your legal rights.
The Honorable Dale E. Ho, of the United States District Court for the Southern District
of New York, is overseeing this case. The case is Sutton v. TED Foundation Inc., Case
No. 1:23-cv-09219-DEH. The people who have sued are called the Plaintiffs. The
Defendant is TED Foundation Inc.
2. What is a class action?
In a class action, one or more people called the class representative(s) (in this case,
Kimberly Sutton, David Ramirez, and Tyler Baker) sue on behalf of a group or a “class”
of people who have similar claims. In a class action, the court resolves the issues for all
class members, except for those who exclude themselves from the class.
3. What is this lawsuit about?
This lawsuit claims that Defendant violated the Video Privacy Protection Act (the
“VPPA”), 18 U.S.C. § 2710, by disclosing users’ personally identifiable information
(to third-party service providers, without users’ informed, written consent, in violation
of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. The VPPA defines
PII to include information which identifies a person as having requested or obtained
specific video materials or services from a video tape service provider. Defendant
denies that it engaged in any wrongdoing or violated any law. Specifically, Defendant
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alleges that it never discloses account holders’ names or email addresses together with
their video views, and that all data stored with the Third Parties is encrypted and
encoded prior to transmission, thus preventing it from being legible to the ordinary
person as required under the VPPA. Defendant also argues that it employs the third-
party software only for internal use and to operate its website and mobile applications,
and that such usage is permitted under the VPPA’s exception for transmissions that
occur in the ordinary course of business. The Court has not determined who is right.
Rather, the parties have agreed to settle the lawsuit as described in this Notice.
4. Why is there a Settlement?
The Court has not decided whether Plaintiffs or Defendant should win this case.
Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and
expenses associated with ongoing litigation. Moreover, Settlement Class Members are
guaranteed relief that would otherwise be unassured by trial.
WHO’S INCLUDED IN THE SETTLEMENT?
5. How do I know if I am in the Settlement Class?
The Settlement Class is defined as:
all TED account holders, in the United States, who watched a pre-recorded video on the
website ted.com or on TED’s iOS and Android mobile applications between October
19, 2021 and July 14, 2026 .
THE SETTLEMENT BENEFITS
6. What does the Settlement provide?
Defendant has agreed all Settlement Class Members shall automatically receive two
free months of TED Membership (the “TED Membership Benefit,” estimated to have at
least a $10.00 value), subject to their agreement to activate the TED Membership
Benefit. More information about what the TED Membership Benefit entails is available
here. However, any Settlement Class Member shall have the option to instead select in
lieu of the TED Membership Benefit either:
(i) a cash payment for $5.00, subject to a pro rata reduction as explained below; or
(ii) a “donation” option, whereby a Settlement Class Member agrees that their cash
payment from the Settlement will not be required and such amount will be
remitted as a donation to TED Foundation Inc.
The donation option is distinct from opting out, in that any Settlement Class Member
who selects this option shall still be bound by the terms of the Settlement, including the
release of claims. By selecting the donation option, Settlement Class Members agree to
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forgo receipt of a cash payment from the Settlement and such funds will be issued back
as a donation to TED Foundation Inc. TED Foundation Inc. is a registered 501(c)(3)
private foundation. Settlement Class Members are encouraged to consult their tax
advisor to determine the deductibility of their donation.
For those Settlement Class Members that select the cash payment option, Defendant
will pay up to a maximum of $350,000.00 through the Settlement Fund. If Settlement
Class Members select either the cash payment or the donation option, they shall not
receive the TED Membership Benefit.
Defendant also commits to the following injunctive relief: (1) it will present U.S.
account holders whose event data will be transmitted to Open Web with an affirmative
consent option; and (2) it will cease the transmission of U.S. account holders’ first and
last names or e-mail addresses to Mixpanel and use reasonable efforts to discontinue the
storage of existing such data within Mixpanel. Defendant has confirmed that it no
longer employs the services of third-party Leanplum.
7. How much will my payment be?
If you are member of the Settlement Class you shall automatically receive two free
months of the TED Membership Benefit, estimated to have a $10.00 value.
Alternatively, you may submit a Claim Form to receive (i) a $5.00 cash payment,
subject to a pro rata (meaning equal) reduction as described below; or (ii) a donation
option, whereby you agree to remit the cash payment as a donation to TED Foundation
Inc. For those Settlement Class Members who select the cash payment option, in no
event shall the amount Defendant pays in cash to said Settlement Class Members
exceed $350,000.00. The amount of payment will depend on how many Settlement
Class Members file valid claims. Each Settlement Class Member who files a valid
claim will receive a proportionate share of the Settlement Fund. You can contact Class
Counsel to inquire as to the number of claims filed. If Settlement Class Members select
either the cash payment or the donation option, they shall not receive the TED
Membership Benefit.
8. When will I get my payment?
The hearing to consider the fairness of the settlement is scheduled for November 12,
2026. If the Court approves the settlement, 60 days after the Settlement has been finally
approved and/or any appeals process is complete, eligible Settlement Class Members
will automatically receive a link to activate the TED Membership Benefit or a cash
payment, subject to approval of their filed claim by the Settlement Administrator. The
cash payment will be made in the form of a check, unless you elect to receive payment
by PayPal or Venmo, and all checks will expire and become void 180 days after they are
issued. If you elect to remit your cash payment in the form of a donation to TED, the
donation will also be executed 60 days after the Settlement has been finally approved
and/or any appeals process is complete.
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HOW TO GET BENEFITS
9. How do I get a payment?
If you are a Settlement Class Member and you want to get a cash payment or remit your
cash payment in the form of a donation to TED, you must complete and submit a Claim
Form by October 26, 2026. Claim Forms can be found and submitted online at
www.TedVPPASettlement.com, or by printing and mailing a paper Claim Form, copies
of which are available on the website.
REMAINING IN THE SETTLEMENT
10. What am I giving up if I stay in the Settlement Class?
If the Settlement becomes final, you will give up your right to sue Defendant for the
claims this Settlement resolves. The Settlement Agreement describes the specific
claims you are giving up against the Defendant. You will be “releasing” the Defendant
and certain of its affiliates described in Sections 1 and 3 of the Settlement Agreement.
Unless you exclude yourself (see Question 14), you are “releasing” the claims,
regardless of whether you submit a claim or not, and regardless of whether you register
an objection (see Question 17). The Settlement Agreement is available through the
“court documents” link on the website.
The Settlement Agreement describes the released claims with specific descriptions, so
read it carefully. If you have any questions you can talk to the lawyers listed in Question
12 for free or you can, of course, talk to your own lawyer if you have questions about
what this means.
11. What happens if I do nothing at all?
If you do nothing, you will automatically receive two free months of the TED
Membership Benefit, subject to your activation of that benefit. But, unless you exclude
yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the
Defendant for the claims being released by this Settlement.
THE LAWYERS REPRESENTING YOU
12. Do I have a lawyer in the case?
The Court has appointed Bursor & Fisher, P.A. to be the attorneys representing the
Settlement Class. They are called “Class Counsel.” They believe, after conducting an
extensive investigation, that the Settlement Agreement is fair, reasonable, and in the
best interests of the Settlement Class. You will not be charged for these lawyers. If you
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want to be represented by your own lawyer in this case, you may hire one at your
expense.
13. How will the lawyers be paid?
Class Counsel shall be permitted to request an award of settlement administration costs,
attorneys’ fees, and expenses of no more than $700,000.00. Class Counsel shall also be
permitted to request for the three Class Representatives an incentive award of no more
than $2,500 each to be paid by Defendant. The Court may award less than these
amounts.
EXCLUDING YOURSELF FROM THE SETTLEMENT
14. How do I get out of the Settlement?
To exclude yourself from the Settlement, you must mail or otherwise deliver a letter (or
request for exclusion) stating that you want to be excluded from the Sutton v. TED
Foundation Inc., Case No. 1:23-cv-09219-DEH settlement. Your letter or request for
exclusion must also include your name, your address, your signature, the name and
number of this case, and a statement that you wish to be excluded. You must mail or
deliver your exclusion request no later than October 26, 2026 to:
TED Settlement Administrator
1060 Broadway Suite 310
Albany, NY 12204
15. If I don’t exclude myself, can I sue the Defendant for the same thing later?
No. Unless you exclude yourself, you give up any right to sue the Defendant for the
claims being resolved by this Settlement (see Question 10).
16. If I exclude myself, can I get anything from this Settlement?
No. If you exclude yourself, do not submit a Claim Form to ask for benefits. You also
will not be eligible for the TED Membership Benefit.
OBJECTING TO THE SETTLEMENT
17. How do I object to the Settlement?
If you’re a Settlement Class Member, you can object to the Settlement if you don’t like
any part of it. You can give reasons why you think the Court should not approve it. The
Court will consider your views. To object, you must file with the Court a letter or brief
stating that you object to the Settlement in Sutton v. TED Foundation Inc., Case No.
1:23-cv-09219-DEH and identify all your reasons for your objections (including
citations and supporting evidence) and attach any materials you rely on for your
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objections. Your letter or brief must also include your name, an explanation of the basis
upon which you claim to be a Settlement Class Member, the name and contact
information of any and all attorneys representing, advising, or in any way assisting you
in connection with your objection, and your signature. If you, or an attorney assisting
you with your objection, have ever objected to any class action settlement where you or
the objecting attorney has asked for or received payment in exchange for dismissal of
the objection (or any related appeal) without modification to the settlement, you must
include a statement in your objection identifying each such case by full case caption.
You must mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s
Counsel listed below.
If you want to appear and speak at the Final Approval Hearing to object to the
Settlement, with or without a lawyer (explained below in answer to Question Number
21), you must say so in your letter or brief. File the objection with the Court and mail a
copy to these two different places postmarked no later than October 26, 2026.
Class Counsel will file with the Court and post on this website its request for attorneys’
fees by September 10, 2026.
Court Class Counsel Defendant’s Counsel
The Honorable Dale E. Ho Yitzchak Kopel Carter C. Simpson
Courtroom 905 Bursor & Fisher, P.A. Paul Hastings LLP
Thurgood Marshall United 1330 Ave. of the 2050 M Street, N.W.
States Courthouse Americas, Floor 32 Washington, DC 20036
40 Foley Square, New York, NY 10019
New York, NY 10007
18. What’s the difference between objecting and excluding myself from the
Settlement?
Objecting means telling the Court that you don’t like something about the Settlement.
You can object only if you stay in the Settlement Class. Excluding yourself from the
Settlement Class is telling the Court that you don’t want to be part of the Settlement
Class. If you exclude yourself, you have no basis to object because the case no longer
affects you.
THE COURT’S FINAL APPROVAL HEARING
19. When and where will the Court decide whether to approve the Settlement?
The Court will hold the Final Approval Hearing at 3:00 p.m. on November 12, 2026
in Courtroom 905 at the Thurgood Marshall United States Courthouse, 40 Foley
Square, New York, NY 10007. The purpose of the hearing will be for the Court to
determine whether to approve the Settlement as fair, reasonable, adequate, and in the
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best interests of the Settlement Class; to consider the Class Counsel’s request for
attorneys’ fees and expenses; and to consider the request for an incentive award to the
Class Representative. At that hearing, the Court will be available to hear any
objections and arguments concerning the fairness of the Settlement.
The hearing may be postponed to a different date or time without notice, so it is a good
idea to check www.tedvppasettlement.com or call 1-888-312-3966. If, however, you
timely objected to the Settlement and advised the Court that you intend to appear and
speak at the Final Approval Hearing, you will receive notice of any change in the date
of such Final Approval Hearing.
20. Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. But, you are
welcome to come at your own expense. If you send an objection or comment, you don’t
have to come to Court to talk about it. As long as you filed and mailed your written
objection on time, the Court will consider it. You may also pay another lawyer to attend,
but it’s not required.
21. May I speak at the hearing?
Yes. If you have elected to remain in the Settlement Class but object to the settlement,
you may ask the Court for permission to speak at the Final Approval Hearing. To do so,
you must include in your letter or brief objecting to the settlement a statement saying
that it is your “Notice of Intent to Appear in Sutton v. TED Foundation, Inc., Case No.
1:23-cv-09219-DEH.” It must include your name, address, telephone number and
signature as well as the name and address of your lawyer, if one is appearing for you.
Your objection and notice of intent to appear must be filed with the Court and
postmarked no later than October 26, 2026, and be sent to the addresses listed in
Question 17.
GETTING MORE INFORMATION
22. Where do I get more information?
This Notice summarizes the Settlement. More details are in the Settlement Agreement.
You can get a copy of the Settlement Agreement at www.tedvppasettlement.com. You
may also write with questions to TED Settlement, 1060 Broadway Suite 310, Albany,
NY 12204. You can call the Settlement Administrator at 1-888-312-3966 or contact
Class Counsel at [email protected], if you have any questions. Before doing so,
however, please read this full Notice carefully. You may also find additional
information elsewhere on the case website.
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