Vizio Didn’t Tell Consumers They Risked Losing YouTube on Older TVs, Says Complaint

Vizio sold 94 models of older smart TVs to millions of consumers since 2012 without telling them they risked losing YouTube functionality through an upgrade of the streaming service's application programming interface, alleged a complaint seeking class-action status. In 2013, Vizio began switching from flash-based APIs to newer HTML5-based systems that “still provide access to YouTube,” said the complaint (in Pacer), filed Tuesday in U.S. District Court in Tacoma, Washington. Vizio “promoted, through advertising and marketing that educated and informed the consuming public, its Affected Smart TVs as a means to access YouTube,” said the complaint, which alleges breach of contract, unjust enrichment and negligent misrepresentation. “At no time prior to 2013 did Defendant disclaim that continued use of the YouTube app, for the life of its Affected Smart TVs, could or would end.” The end came this year after YouTube publicized a notice that older TVs with flash-based APIs would no longer run YouTube starting June 26, said the complaint. Vizio “has offered no remedy” to the millions of consumers who have lost YouTube access on their legacy TVs, it said. Vizio’s “advice to consumer complainants related to loss of YouTube functionality” is to suggest they buy a new smart TV or purchase an external “streaming device” such as Google Chromecast, it said. “Defendant is using the loss of YouTube functionality on its Affected Smart TVs to continue to profit off of consumers who, like Plaintiff, have suffered harm.” The complaint names only Vizio as a defendant, and its representatives didn’t comment Wednesday. Lawyers for plaintiff Cody Brenner, a Tacoma-area resident, didn’t comment on whether they plan additional complaints against other TV makers.