NBA Top Shot Video Privacy Settlement

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. The Notice explains the lawsuit, the Settlement, and your legal rights. A copy of the Notice is available on the Documents page.

The Honorable Susan Illston, of the U.S. District Court for the Northern District of California, is overseeing this case. The case is called Fan v. NBA Properties, Inc., Case No. 3:23-cv-05069-SI. The persons who have sued are called the Plaintiffs. The Defendants are NBA Properties, Inc. and Dapper Labs, Inc.

In a class action, one or more people called the Class Representative(s) (in this case, Thomas Fan, Matthew Kimoto, and Clinton Brown) 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.

This lawsuit claims that Defendants violated the Video Privacy Protection Act, 18

U.S.C. § 2710, et seq. (“VPPA”) and California law by disclosing their NBA Top Shot account holders’ personally identifiable information (“PII”) to Meta via the Meta Tracking Pixel on the nbatopshot.com website without consent. The Defendants deny that they 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 Plaintiffs or the Defendants 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 sooner rather than, if at all, after the completion of a trial.

The Settlement Class is defined as:

All persons in the United States who, from June 15, 2020, to and through January 30, 2025, had an active Facebook account and an NBA Top Shot account.

Monetary Relief: Defendants have created a Settlement Fund totaling $7,050,000.00. 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 Representatives will come out of this fund (see FAQ 13).

Prospective Changes: In addition to this monetary relief, the settlement also requires Defendants to suspend operation of the Meta Tracking Pixel on the NBA Top Shot website, unless and until the VPPA is amended, repealed, or otherwise invalidated, unless the Defendants are otherwise in compliance with that law.

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

If you are a member of the Settlement Class, you may submit a Claim Form to receive a portion of the Settlement Fund. The amount of this payment will depend on how many of the Settlement Class Members file valid claims. Each Settlement Class Member who files a valid claim will receive a proportionate share of the Available Settlement Fund, which Class Counsel anticipates will be approximately $36-$122. You can contact Class Counsel at 1-646-837-7150 to inquire as to the number of claims filed.

The hearing to consider the fairness of the settlement is scheduled December 19, 2025, at 10:00 a.m. If the Court approves the settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment 90 days after the settlement has been finally approved and/or any appeals process is complete. Your payment will be sent via your choice of an electronic payment, PayPal, Venmo, Zelle, or via a physical check that will be mailed to you.

If you are a Settlement Class Member and you want to get a payment, you must complete and submit a Claim Form by December 16, 2025. Claim Forms can be found and submitted by clicking here, or by printing and mailing a paper Claim Form, copies of which are available for download here.

We also encourage you to submit your claim 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 your right to sue Defendants for the claims this settlement resolves. The Settlement Agreement describes the specific claims you are giving up against the Defendants. You will be “releasing” the Defendants and certain of their affiliates described in Section 1.29 of the Settlement Agreement. Unless you exclude yourself (see FAQ 14), you are “releasing” the claims, regardless of whether you submit a claim or not. Additional information about the scope of the released claims and the operation and legal impact of the release can be found in Sections 1.28, 3.1, 3.2, and 10.6 of the Settlement Agreement. A copy of the Settlement Agreement is available here.

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 12 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

If you do nothing, you won’t get any benefits from this settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendants for the claims being resolved by this Settlement.

The Court has appointed Stefan Bogdanovich and L. Timothy Fisher of 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 want to be represented by your own lawyer in this case, you may hire one at your 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 is entitled to seek no more than one-third of the $7,050,000 Settlement Amount, but the Court may award less than this amount.

As approved by the Court, the Class Representatives will be paid an Service Award from the Settlement Fund for helping to bring and settle the case. The Class Representatives will seek no more than $10,000 as an Service Award, but the Court may award less than this amount.

The deadline to exclude yourself from the Settlement was November 17, 2025, and has passed.

No. Unless you excluded yourself, you give up any right to sue the Defendants for the claims being resolved by this settlement.

No. If you excluded yourself, do not submit a Claim Form to ask for benefits.

The deadline to object to the Settlement was November 17, 2025, which has passed.

Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the class. Excluding yourself from the class is telling the Court that you don’t want to be part of the class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at 10:00 a.m. PT on December 19, 2025. All members of the public can attend the public hearing by visiting: https://cand-uscourts.zoomgov.com/j/1612108939?pwd=RFlsVmV0ZlFYb1ovQzRNTVlXNzcydz09.

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 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 Representatives. 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 1-646-837-7150. 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 attend via Zoom. If you send an objection or comment, you don’t have to attend. 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.

Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file a “Notice of Intent to Appear in Fan v. NBA Properties, Inc., Case No. 3:23-cv-05069-SI.” 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 notice of intent to appear must be filed with the Court no later than December 5, 2025, and be sent to the address listed in FAQ 17.

The Notice summarizes the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement on the Documents page. You may also write with questions to NBA Top Shot Video Privacy Settlement, P.O. Box 4130, Portland, OR 97208-4130. You can call the Settlement Administrator at 1-888-854-8281 or Class Counsel at 1-646-837-7150, 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.