1. Why was a notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. Do I need to submit a claim to receive a Settlement Payment?
10. When will the Settlement payments be issued?
11. Do I have a lawyer in the case?
12. Should I get my own lawyer?
13. How will Class Counsel be paid?
14. How do I exclude myself from (or “opt out of”) the Class?
15. How do I tell the Court that I do not like any aspect of the Settlement?
16. What is the difference between objecting and excluding?
17. When is the Court’s Final Approval Hearing?
18. Do I have to come to the Final Approval Hearing?
19. What happens if I do nothing at all?
20. How do I get more information?
The United States District Court for the Southern District of Florida authorized the Notice. You have a right to know about the Court’s certification of the Class and Subclasses in this lawsuit, the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the proposed Settlement reached by the parties. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Kueppers et al. v. Zumba Fitness, LLC, Case No. 0:24-cv-61983-WPD. It is pending in the United States District Court for the Southern District of Florida. The people who filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Zumba Fitness, LLC, is called the “Defendant.”
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This lawsuit alleges that Zumba purportedly used third-party digital tracking technologies, commonly called “tracking pixels,” on its Zumba.com website in a way that violated a federal privacy law called the Video Privacy Protection Act (or VPPA). Zumba denies that it did anything wrong.
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In a class action, one or more individuals sue on behalf of other people with similar claims. The individuals suing are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who exclude themselves (or “opt out”). In this Settlement, the Class Representatives are Catherine Kueppers and Watanya Brown. Everyone included in this Action are the Class Members.
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The Court has not decided whether the Plaintiffs or the Defendant are right in the lawsuit. Both sides have agreed to a settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys (called Class Counsel) think the Settlement is best for all Class Members.
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The Court has defined the Class this way:
All natural persons in the United States who purchased the ZB1 OD Version from the Website, and whose first and last names appeared on "order confirmation pages" accessible at ZB1 OD Version Order URLs in the possession of one or more Third-Party Advertisers, between October 22, 2022, and October 22, 2024.
There are 4,543 people in the Class.
The Court has defined the three Subclasses this way:
Meta Disclosure Subclass: “All members of the Class whose first and last names appeared on “order confirmation pages” accessible at ZB1 OD Version Order URLs in the possession of Meta Platforms, Inc.”
Pinterest Disclosure Subclass: “All members of the Class whose first and last names appeared on “order confirmation pages” accessible at ZB1 OD Version Order URLs in the possession of Pinterest, Inc.”
MNTN Disclosure Subclass: “All members of the Class whose first and last names appeared on “order confirmation pages” accessible at ZB1 OD Version Order URLs in the possession of MNTN, Inc.”
Each Class Member is part of at least one Subclass. Class members may be part of one, two, or all three Subclasses.
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If you are a member of the Class, you will be included in the Settlement unless you timely exclude yourself from the Class (or “opt out”) pursuant to the terms of the Settlement Agreement. See FAQ 14 for information about how to exclude yourself (or “opt out”) of the Class.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
Zumba VPPA Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@ZumbaVPPASettlement.com
Call toll-free, 24/7: (866) 382-0528
You may view the Settlement Agreement and other documents and information about the lawsuit and the Settlement on the Important Documents page.
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Zumba has agreed to establish a Settlement Fund of $2,700,000.00. The Court may approve certain deductions from the Settlement Fund, such as notice and administration costs and attorneys’ fees and costs. The net remaining money, called the Net Settlement Fund, will be divided between Class Members based on the number of Subclasses each Class Member belongs to.
If you are a Class Member, you will automatically receive a Settlement Payment if the Court grants Final Approval, unless you opt out (see FAQ 14).
Here is how each Class Member’s payment will be calculated. Membership in each Subclass creates a share of the Net Settlement Fund. Class Members who are members of one Subclass will have one share; Class Members who are members of two Subclasses will have two shares; and Class Members who are members of all three Subclasses will have three shares.
If none of the Class Members opt out, there will be a total of 7,302 shares to be paid out to 4,543 Class Members. The amount of each share will be at least $229.33, though the final amount may be slightly larger if Class Members opt out, if administration expenses are less than expected, or if the Court awards Class Counsel less than the amount they request for an attorneys’ fee and expense award.
If you are a Class Member, the specific amount of your cash payment is provided to you in the email notice and postcard notice you were sent. If you believe you are a Class Member and did not receive an email notice or postcard notice concerning this Settlement, please contact the Settlement Administrator via email or postal address to confirm that you are a Class Member and, if you are, the amount of the cash payment you will receive if the Settlement is granted final approval by the Court.
If the Court grants final approval of the Settlement, Class Members will automatically receive their Settlement payments by check, which will be sent to the same addresses to which postcard notices of this Settlement were sent to Class Members by postal mail. The addresses to which Class Members’ checks will be sent are also identified in the notices of this Settlement that were sent to Class Members by email. Class Members may change the addresses to which their checks should be sent, and may alternatively elect to receive their payments electronically online here.
If you have questions about these payments, you can ask for free help any time by contacting the Settlement Administrator at:
Zumba VPPA Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@ZumbaVPPASettlement.com
Call toll-free, 24/7: (866) 382-0528
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If you stay in the Class, you won’t be able to sue Zumba or be part of any other lawsuit against Zumba about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section VI) describes in further detail the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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No, you do not need to submit a claim to receive a Settlement payment. If you are a Class Member, you will automatically receive a Settlement payment if the Court grants Final Approval, unless you choose to opt out of the Settlement (see FAQ 14).
If the Court grants final approval of the Settlement, Class Members will automatically receive their Settlement payments by check, which will be sent to the same addresses to which postcard notices of this Settlement were sent to Class Members by postal mail. The addresses to which Class Members’ checks will be sent are also identified in the notices of this Settlement that were sent to Class Members by email. Class Members may change the addresses to which their checks should be sent, and may alternatively elect to receive their payments electronically online here.
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The Court will hold a final approval hearing on January 21, 2027 (see FAQ 17). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed. Settlement payments will be distributed within 60 days of the Court granting final approval of the Settlement if no appeals are filed. If any appeals are filed and the Court’s approval of the Settlement is not disturbed by the result of the appeal, Settlement payments will be distributed within 60 days of the appellate decision becoming final.
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Yes, the Court has appointed attorneys Frank S. Hedin and Tyler K. Somes of Hedin LLP to represent you and other Class Members (“Class Counsel”). Class Counsel may be reached by email or postal mail at:
Frank S. Hedin
Tyler K. Somes
Hedin LLP
1395 Brickell Avenue, Suite 610
Miami, FL 33131
fhedin@hedinllp.com
tsomes@hedinllp.com
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You do not have to pay any money to Class Counsel out of pocket. Class Counsel will be paid for their services from the Settlement Fund if the Settlement is approved. If you want your own lawyer, you may hire one at your expense.
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Class Counsel intend to request an award of attorneys’ fees of one-third of the Settlement Fund ($900,000.00) and reimbursement of their out-of-pocket litigation costs (which total $97,350.81). Any amount awarded by the Court will be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally ask to be excluded from the Class. This is called a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive a cash payment from the Settlement, but you will keep any rights you may have to sue Zumba on your own about the legal issues in this case. If you exclude yourself from the Class, you are telling the Court that you do not want to be part of the Settlement, and you will not be able to receive a cash payment from the Settlement.
The deadline to exclude yourself is December 14, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the lawsuit: Kueppers et al. v. Zumba Fitness, LLC, No. 0:24-cv-61983-WPD (S.D. Fla.);
your full name, mailing address, and email address;
personal signature; and
a clear statement that you wish to be excluded from the Class.
You may only exclude yourself—not any other person. For more information about how to exclude yourself from the Class, see Section VII of the Settlement Agreement.
You must mail your Request for Exclusion via first class U.S. Postal Mail to the Settlement Administrator at:
Zumba VPPA Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked by no later than December 14, 2026.
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If you are a Class Member and do not like part or all of the Settlement (including Class Counsel’s requested Attorneys’ Fee and Expense Award), you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve any aspect of the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement (see FAQ 14).
Any Class Member who wishes to object must do so in writing. Any objection must contain the following:
a statement that identifies your submission as an “Objection to Class Settlement in Kueppers et al. v. Zumba Fitness, LLC, No. 0:24-cv-61983-WPD (S.D. Fla.)”;
the objector’s full name, mailing address, and telephone number;
if the objector has hired his or her own lawyer in connection with the objection, the lawyer’s full name, mailing address, and telephone number; and
the factual basis and legal grounds for the objection, including any documents or information sufficient to establish that the objector is a Class Member.
For an objection to be valid, it must meet these requirements and be either filed with the Court on the docket of the lawsuit by no later than December 14, 2026, or be mailed to the Settlement Administrator and the Clerk of the Court, at the addresses provided below, postmarked no later than December 14, 2026.
Clerk of the Court | Settlement Administrator |
Clerk’s Office | Zumba VPPA Settlement |
If an objector or his or her attorney chooses to appear at the Final Approval Hearing, then by no later than the Opt Out and Objection Date, a notice of intention to appear, either in person or through an attorney, must be either filed with the Court on the docket of the lawsuit or mailed to the Settlement Administrator and the Clerk of the Court at the addresses provided above, and shall list the name, address, and telephone number of the person and/or any attorney who will appear.
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out, you cannot object to the Settlement because the Settlement no longer affects you.
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The Court will hold a Final Approval Hearing on January 21, 2027, at 1:00 p.m. Eastern Time, at the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid. The Court will also consider any objections to the Settlement. You may attend the final approval hearing, but you do not have to.
If you are a Class Member who objects to the Settlement, you or your lawyer may ask permission to speak at the hearing concerning your objection (see FAQ 15).
The date and time or location of this hearing may change without further notice. Please check this website for updates to the date and time or location of this hearing.
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No. Class Counsel will answer any questions the Court may have about the Settlement. You may attend at your own expense if you wish, but you do not have to.
If you file an objection to the Settlement, you may but do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed or postmarked on time and complies with the requirements for filing objections (see FAQ 15).
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If you are a Class Member, and you do nothing, you will automatically receive a Settlement payment. You will also give up the right to sue Zumba for the claims referenced in FAQ 8 and described more fully in the “Releases” section of the Settlement Agreement.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
You may also write to or email Class Counsel at the addresses provided in FAQ 11.
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, U.S. Federal Building and Courthouse, 299 East Broward Boulevard #108, Fort Lauderdale, FL 33301.
Please do not contact the Court or Clerk of Court regarding this Settlement, except if you are submitting an objection to the Settlement.
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