Serra v New England Patriots

This lawsuit claims that Patriots violated the VPPA, 18 U.S.C. § 2710, et seq. by disclosing its users’ personally identifiable information to third parties via Anvato API and Rover SDK in its mobile app without its users’ consent. 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. The Patriots organization denies that it violated any law. The Court has not determined who is right. Rather, the parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

The Court has not decided whether the Plaintiff or Patriots should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation.

In a class action, one or more people called the class representatives (in this case, Plaintiff Anthony Serra) 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.

The Settlement Class is defined as:

All individuals residing in the United States who are or have been users of the Patriots’ App with location services enabled, and who requested or obtained any prerecorded (including on-demand replay) videos available on the Patriots’ App, during the Class Period. Excluded from the Settlement Class are (1) any judge presiding over this Action and members of their families; (2) Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, agents, attorneys, and employees; (3) persons who properly execute and file a timely request for exclusion from the class; and (4) the legal representatives, successors, or assigns of any such excluded persons.

Monetary Relief: Patriots will pay $2,160,000 to create a Settlement Fund.

Prospective Changes: The Settlement also requires Defendant to suspend any known transmission (to the extent any is occurring) by the Patriots App to Anvato through the Anvato API and to Rover through the Rover SDK of Precise Geolocation data in connection with a user’s viewing of pre-recorded video materials, unless and until the VPPA is amended, repealed, or otherwise invalidated (including without limitation by judicial decision on the use of API or SDK technology by the United States Supreme Court or United States Court of Appeals for the First Circuit), or where precise geolocation is held by either court not to be personally identifying information, or where the disclosure of information does not identify specific pre-recorded video materials that a user has requested or obtained on the Patriots App, or until Patriots obtains VPPA-compliant consent for the disclosure to third parties of the video content viewed.

A detailed description of the settlement benefits can be found in the Settlement Agreement available here.

After deducting any Court-approved attorneys’ fees and expenses, service award for the class representative, and costs of settlement administration (including payment of any associated taxes), the Settlement Fund will be distributed to Settlement Class Members as a cash payment on a pro rata basis (meaning equal share). This means each Settlement Class Member who submits a valid claim will be paid an equal share from the Net Settlement Fund. The amount of the payments to individual Settlement Class Members will depend on the number of valid claims that are filed. Because the final payment amount cannot be calculated before all claims are received and verified, it will not be possible to provide an accurate estimate of the payment amount before the deadline to file claims.

The Court will hold a hearing to consider the fairness of the settlement on October 30, 2025. If the Court approves the settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment within 90 days after the Settlement has been finally approved and/or any appeals process is complete. In submitting their claims, Settlement Class Members can choose whether to receive their payment via PayPal, Venmo, or paper check. All checks will expire and become void unless cashed within 180 days after the date of issuance.

If you are a Settlement Class Member and you want to receive a payment, you must complete and submit a Claim Form by November 23, 2025, either online or by mail (postmarked by November 23, 2025). Claim Forms can be found and submitted here, or by printing and mailing a paper Claim Form, copies of which are available for download here. If the Patriots App was installed on your mobile device by Friday July 11, 2025, you have received notifications concerning the settlement in the “My Inbox” section of the Patriots App and via a “Push” message, both of which will direct you to a personalized Notice of Proposed Class Action Settlement containing a Unique ID and PIN number to be entered on your Claim Form. You may still file a claim if you believe you are a member of the Settlement Class but have not received the “My Inbox” or “Push” notifications.

Please contact the Settlement Administrator for more information at:

Serra v. New England Patriots LLC
P.O. Box 2448
Portland, OR 97208-2448

You may also call us at: 1-877-667-3042

Or

Email us at: info@PatriotsVPPASettlement.com

Settlement Class Members are encouraged to submit claims online. Not only is it easier and more secure, but it is completely free and takes only minutes!

If the Settlement becomes final, you will give up (or “release”) your rights to sue Patriots and certain of its affiliates (“Released Parties”) regarding the Released Claims, which are described and defined in Paragraph 1.26 of the Settlement Agreement. Unless you exclude yourself (see FAQ 12), you will release the Released Claims, regardless of whether you submit a claim or not. You may access the Settlement Agreement through the “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 may speak to the lawyers listed in FAQ 10 for free or you may, of course, speak to your own lawyer.

Nathaniel L. Orenstein, Patrick T. Egan, and Christina L. Gregg of Berman Tabacco, Daniel C. Hedlund and Daniel J. Nordin of Gustafson Gluek PLLC, Kenneth A. Wexler, Justin N. Boley, and Zoran Tasić of Wexler, Boley & Elgersma LLP, and Kevin Landau and Brett Cebulash of Taus, Cebulash & Landau, LLP are the lawyers representing Anthony Serra and the Settlement Class. They are called “Class Counsel.” After conducting an extensive investigation, they believe 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 want to be represented by your own lawyer in this case, you may hire one at your own expense.

Class Counsel’s attorneys’ fees, costs, and expenses will be paid from the Settlement Fund in an amount determined and awarded by the Court. Class Counsel will ask for no more than one-third of the $2,160,000 Settlement Fund, but the Court may award less than this amount. Class Counsel may also seek a Service Award of up to $5,000 for the Class Representative for his service in helping to bring and settle the case. The Service Award will be paid out of the Settlement Fund, but the Court may award less than this amount.

To exclude yourself from the Class, you must mail or otherwise deliver a letter stating that you want to be excluded. Your letter must include:

1. The name and number of this case:
2. Your full name and mailing address:
3. A statement that you wish to be excluded; and
4. Your handwritten or electronically imaged written signature.

You must mail or deliver your exclusion letter, postmarked no later than August 28, 2025, to:

Serra v. New England Patriots LLC
P.O. Box 2448
Portland, OR 97208-2448

No “mass” or “class” opt-outs will be allowed.

No. Unless you exclude yourself, you give up any right to sue Patriots or the Released Parties for the Released Claims being resolved by this Settlement.

No. If you exclude yourself, you may not submit a Claim Form to receive a monetary benefit (cash payment).

If you’re a Settlement Class Member, you may ask the Court to deny approval by filing an objection. You may object to any aspect of the Settlement, Class Counsel’s request for attorneys’ fees and expenses, or the request for a Service Award. You can give reasons why you think the Court should not give its approval. The Court will consider your views. If you choose to make an objection, you must mail or file with the Court a letter or brief stating that you object to the Settlement. Your letter or brief must include the following:

1. The name and number of this case;
2. An explanation of the basis upon which you claim to be a Settlement Class Member, including information sufficient to identify you as a Patriots App user;
3. An explanation of any and all your reasons for your objections, including citations to legal authority and supporting evidence, and attaching any materials you rely on for your objections;
4. The name and contact information of any and all lawyers representing, advising, or in any way assisting you in connection with your objection;
5. A statement indicating whether you or your lawyer(s) intends to appear at the Final Approval Hearing;
6. Your handwritten or electronically imaged written signature; and
7. If a Settlement Class Member or any of the Objecting lawyers have objected to any class action settlement where the objector or the Objecting lawyer asked for or received any payment in exchange for dismissal of the objection, or any related appeal, without any modification to the settlement, then the objection must include a statement identifying each such case by full case caption and amount of payment received. Any challenge to the Settlement Agreement or the Final Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

You must mail or deliver your exclusion letter, postmarked no later than August 28, 2025, to

Serra v. New England Patriots LLC
Settlement Administrator
P.O. Box 2448
Portland, OR 97208-2448

You must also mail or otherwise deliver a copy of your written objections to Class Counsel at the following address:

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 right to object or file a Claim Form because the case no longer affects you.

The Court will hold a Final Approval Hearing on Thursday October 30, 2025 at 2:00 PM, at the Harold D. Donohue Federal Building and U.S. Courthouse, 595 Main Street, Worcester, Massachusetts 01608. The purpose of the hearing will be 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 a Service 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 this Website or call Nathaniel L. Orenstein, Patrick T. Egan or Christina L. G. Fitzgerald at: 1-617-542-8300.

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.

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 attend the hearing to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also retain your own lawyer (at your own expense) to attend, but it’s not required.

Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include in your letter or brief objecting to the Settlement a statement saying that you or your lawyer intend to appear at the Final Approval Hearing.

More details are in the Settlement Agreement. you can get a copy of the Settlement Agreement here.

You may also write with questions to:

Serra v. New England Patriots LLC
P.O. Box 2448
Portland, OR 97208-2448

You can call the Settlement Administrator at 1-877-667-3042 or Class Counsel at 1-212-931-0704 if you have any questions.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE.