Frequently Asked Questions

A Court authorized the 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 website explains the lawsuit, the Settlement, and your legal rights.

The Honorable Patricia Tolliver Giles of the U.S. District Court for the Eastern District of Virginia is overseeing this case. The case is called Moog v. The Christian Broadcasting Network, Inc., Case No. 1:24-cv-00501-PTG-IDD. The Person who has sued is called the Plaintiff. The entity being sued, CBN, is called the Defendant.

In a class action, one or more people called the Class Representatives (in this case, Plaintiff Dale Moog) sue on behalf of a group or a “Settlement Class” of people who have similar claims. In a class action, the court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

This Action claims that CBN violated the Video Privacy Protection Act, 18 U.S.C. § 2710, et seq. (“VPPA”), by disclosing the personally identifiable information (“PII”) of those individuals with a CBN login (such PII being more specifically described as that individual’s Facebook ID) to Meta (i.e., Facebook) via the Meta Pixel in violation of the VPPA. 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 (i.e., a video tape service provider is defined as any Person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials). CBN 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 CBN 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.

The Settlement Class is defined as:

All Persons in the United States who: (1) possessed and used login credentials for any of CBN’s websites, and (2) requested or obtained video content from and/or through any of CBN’s services during the period from March 28, 2022, to and through May 28, 2024.

Excluded from the Settlement Class: are (1) any persons who have asserted claims against CBN under the VPPA prior to the date of this Settlement through counsel other than Class Counsel; (2) any Judge or Magistrate presiding over this Action and members of their families; (3) the 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, and attorneys; (4) Persons who properly execute and file a timely request for exclusion from the Settlement Class; and (5) the legal representatives, successors or assigns of any such excluded persons.

Monetary Relief: CBN will pay $4,000,000 to create a Settlement Fund.

Prospective Changes: In addition to this monetary relief, the Settlement also requires CBN to suspend operation of the Meta Pixel and other tracking technologies that violate the VPPA on any pages on its website that both include video content and have a URL that identifies the video content viewed, unless and until the same is authorized or permitted by law and/or by the user, and/or the VPPA is: (a) amended to expressly permit (and not prohibit) the activity alleged as unlawful in the Complaint, (b) repealed, or (c) invalidated by a judicial decision on the use of website pixel technology by the United States Supreme Court or the Fourth Circuit Court of Appeals.

A detailed description of the Settlement benefits can be found in the Settlement Agreement, available in Documents section of this Settlement website.

After deducting any Court-approved attorneys’ fees and expenses, or Fee Award, Service Award for the Class Representative, and Settlement Administration Expenses, the Settlement Fund will be distributed to Settlement Class Members on a pro rata basis. 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 July 17, 2025. If the Court approves the Settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment within ninety (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 Venmo, CashApp, Zelle, PayPal, 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 payment, you must complete and submit a Claim Form by April 29, 2025. Claim Forms can be found and submitted on this Settlement website, or by printing and mailing a paper Claim Forms, copies of which are available for download in the Documents section of this Settlement website.

Settlement Class Members are encouraged to submit claims online.

If the Settlement becomes Final, you will give up (or “release”) your rights to sue CBN and certain of its affiliates (Released Parties) regarding the Released Claims, which are described and defined in Paragraphs 1.25 and 1.26 of the Settlement Agreement. Unless you exclude yourself (see Question 14), you will release the Released Claims, regardless of whether you submit a claim or not. You may access the Settlement Agreement 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 may speak to the lawyers listed in Question 12 for free or you may, of course, speak to your own lawyer.

If you do nothing, you will not receive any monetary benefit from this Settlement. Further, if you do not exclude yourself, you will be unable to start a lawsuit or be part of any other lawsuit brought against CBN regarding the Released Claims.

The Court has appointed Allen Carney and Sam Jackson of Carney Bates & Pulliam PLLC, and Nicholas Johnson and James Kauffman of Bailey & Glasser, LLP to be the attorneys representing 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 Fee Award and attorneys' fees, costs and expenses will be paid from the Settlement Funs in an amount determined and awarded by the Court. Class Counsel is entitled to seek up to one-third of the $4 million Settlement Fund ($1,200,000), 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 Settlement Class, you must mail or otherwise deliver a letter stating that you wish to be excluded. Your letter must include:

1. The name and number of this case, Moog v. The Christian Broadcasting Network, Inc., Case No. 1:24-cv-00501;
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 April 29, 2025 to:

Moog v. The Christian Broadcasting Network, Inc.
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

No. Unless you exclude yourself, you give up any right to sue CBN 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.

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 name and number of this case, Moog v. The Christian Broadcasting Network, Inc., Case No. 1:24-cv-00501-PTG-IDD, as well as the following information:

1. Your full name and mailing address;
2. An explanation of any and all of your reasons for your objections, including citations to legal authority and supporting evidence, and attaching any materials you rely on for your objections;
3. The name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection;
4. A statement indicating whether you or your attorney intends to appear at the Final Approval Hearing; and 
5. Your handwritten or electronically imaged written signature; and
6. 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 written objection, postmarked no later than April 29, 2025 to:

Clerk of the Court
United States District Court for the Eastern District of Virginia
401 Courthouse Square
Alexandria, VA 22314

You must also mail or otherwise deliver a copy of your written objection to Class Counsel and Defendant’s Counsel at the following addresses:

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 at 10:00 a.m. on July 17, 2025 in Courtroom 801 at the Albert V. Bryan U.S. Courthouse, 401 Courthouse Square, Alexandria, VA 22314. 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 Class Counsel’s request for Fee Award; 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 Settlement website or by contacting the Settlement Administrator at (833) -876-1378 or Class Counsel at www.cbplaw.com. 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 question the Court may have. But, you are welcome to come at your own expenses. 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 expenses) to attend, but it's not required.

Yes. 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 your or your attorney intend to appear at the Final Approval Hearing.

This website contains only a summary of the Settlement and the proceedings to date. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement in the Documents section of this website. You may also write with questions to the Settlement Administrator or contact the Settlement Administrator to update your address at, 

                                            Moog v. The Christian Broadcasting Network, Inc., 
                                                    c/o Kroll Settlement Administration LLC, 
                                                                        P.O. Box 225391, 
                                                               New York, NY 10150-5391.

You can also call the Settlement Administrator at (833) 876-1378 or Class by contacting the Settlement Administrator at (833) 876-1378 or Class Counsel at www.cpblaw.com. 

If you have any questions. Before doing so, however, please read the full website carefully. You may also find additional information elsewhere on the Settlement website.

PLEASE DO NOT CONTACT THE COURT, THE CLERK’S OFFICE, DEFENDANT, OR DEFENDANT’S COUNSEL TO ASK QUESTIONS ABOUT THIS ACTION OR THE NOTICE. THEY CANNOT ANSWER ANY QUESTIONS OR DISCUSS THE ACTION.