Frequently Asked Questions

  1. Why was a Notice issued?

    The Court authorized the Notice because you have a right to know about the 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. The Notice explains the lawsuit, the Settlement, and your legal rights.

    The Honorable Andrew L. Carter, Jr., of the U.S. District Court for the Southern District of New York, is overseeing this case. The case is called Winston v. Peacock TV LLC, Case No. 1:23-cv-08191-ALC. The person who sued is called the Plaintiff. The Defendant is Peacock TV LLC.

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  2. What is a class action?

    In a class action, one or more people called class representatives (in this case, Holly Winston) 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.

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  3. What is this lawsuit about?

    This lawsuit claims that Peacock violated California law by automatically renewing its customers’ subscriptions and charging customers’ payment methods without first providing certain disclosures and obtaining the requisite authorizations. Peacock denies the claims in the lawsuit and contends that it did not do anything wrong and denies that class certification is warranted or appropriate.

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  4. Why is there a Settlement?

    The Court has not decided whether the Plaintiff or Peacock should win this case. Instead, both sides agreed to a Settlement to avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than after the completion of a trial, if at all.

    The issuance of the Notice is not an expression of the Court’s opinion on the merit or the lack of merit of the Representative Plaintiff’s claims or the defenses in the lawsuit. Both Parties recognize that to resolve the issues raised in the lawsuit would be time consuming, uncertain, and expensive.

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  5. How do I know if I am in the Settlement Class?

    The Court decided everyone who fits the following description is a member of the Settlement Class:

    All Persons who, from September 15, 2019, to and through February 27, 2024, enrolled in an automatically renewing Peacock Subscription using a California billing address with Defendant and whose payment methods were directly billed by Defendant in connection with such Peacock Subscription, and who were charged and paid Renewal Fees in connection with such subscription(s).

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  6. What does the Settlement provide?

    Monetary Relief: A Settlement Fund has been created totaling $3,742,637.14. The Settlement Class Member payments, as well as the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees, and an award to the Class Representative, will come out of this fund.

    Other Relief: Peacock has agreed to provide automatic renewal terms on its checkout pages in a manner that is consistent with the requirements of California’s Automatic Renewal Law (“ARL”), Cal. Bus. & Prof. Code §§ 17600, et seq. Specifically, Peacock agrees to present to California subscribers on the checkout page for any Peacock Subscription that will automatically renew the automatic renewal offer terms associated with such subscription (including cancellation policy) in a clear and conspicuous manner before the subscription or purchasing agreement and in visual proximity to the request for consent to the offer. Defendant will obtain affirmative consent to the agreement containing the automatic renewal terms in a manner that complies with the ARL. Peacock further agrees to disclose to subscribers with a California billing address, in a manner that substantially complies with the ARL, how to cancel in an acknowledgment email that is capable of being retained by consumers.

    A detailed description of the settlement benefits can be found in the Settlement Agreement, which can be found on the Documents page.

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  7. How can I get a payment from the Settlement?

    The Claim filing deadline was November 13, 2024. The deadline has now passed and Claims are no longer accepted.

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  8. When will I get my payment?

    Settlement payments were sent on January 30, 2025. Payments were sent to the payment method which was selected on their claim form. All digital payments such as PayPal, Mastercard, Visa and Venmo payments will expire and become void unless cashed or claimed within 90 days after the date of issuance. All future reissued payments will be issued by check.

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  9. 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 Peacock and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against Peacock are described in the Settlement Agreement. You will be “releasing” Peacock and certain of its affiliates, employees and representatives as described in Section 3.2 of the Settlement Agreement. Unless you exclude yourself (see FAQ 13), you are “releasing” the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available on the Documents page.

    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 FAQ 11 for free, or you can talk to your own lawyer if you have questions about what this means.

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  10. What happens if I do nothing at all?

    If you do nothing, you won’t get any cash payment from this Settlement.

    Even if you do nothing, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendant for the claims being resolved by this Settlement, unless you exclude yourself.

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  11. Do I have a lawyer in the case?

    The Court has appointed Bursor & Fisher, P.A. and Gucovschi Rozenshteyn, PLLC to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, 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 want to be represented by your own lawyer in this case, you may hire one at your expense.

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  12. How will the lawyers be paid?

    Any attorneys’ fees and costs awarded by the Court will be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one third of the Settlement Fund, but the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

    Subject to approval by the Court, the Class Representative may be paid up to $5,000 from the Settlement Fund.

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  13. How do I get out of the Settlement?

    The deadline to exclude yourself from the Settlement was November 13, 2024. Exclusions are no longer being accepted.

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  14. If I don’t exclude myself, can I sue Peacock for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue Peacock for the claims being resolved by this Settlement.

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  15. If I exclude myself, can I get anything from this Settlement?

    No. If you exclude yourself, you will not receive any settlement benefits.

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  16. How do I object to the Settlement?

    The deadline to object was November 13, 2024. Objections are no longer being accepted.

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  17. What’s the difference between objecting and excluding myself from the Settlement?

    Objecting simply 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 Settlement no longer affects you.

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  18. When and where will the Court decide whether to approve the Settlement?

    The Court made a final decision regarding the Settlement at the Final Approval Hearing, on November 21, 2024, 2024. Settlement Payments were sent out on January 30,2025. The purpose of the hearing was for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the 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 was available to hear any timely filed objections and arguments concerning the fairness of the Settlement.

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  19. 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.

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  20. May I speak at the hearing?

    Yes. So long as you timely filed an objection to the Settlement, you may ask the Court for permission to speak at the Final Approval Hearing, but do not have to. To do so, you must include in your letter or brief objecting to the Settlement a statement saying it is your “Notice of Intent to Appear in Winston v. Peacock TV LLC, Case No. 1:23-cv-08191-ALC.” 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 November 13, 2024, and be sent to the addresses listed in FAQ 16.

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  21. Where do I get more information?

    The Notice and this website summarize the Settlement.

    More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here. You may also write with questions to Winston v. Peacock TV LLC, c/o Settlement Administrator, P.O. Box 2956, Portland, OR 97208-2956. You can call the Settlement Administrator at 1-888-546-2588 if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on the case website.

    Please do not telephone the Court to inquire about the Settlement or the claims process.

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