Ohebshalom v. Dapper Labs, Inc.

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.

The Honorable Lisa A. Cairo, of the Supreme Court of the State of New York, County of Nassau, is overseeing this case. The case is called Ohebshalom v. Dapper Labs, Inc., Index No. 615987/2025. The people who sued are called the Plaintiffs. The Defendant is Dapper Labs, Inc.

In a class action, one or more people called the class representatives (in this case, Daniel Ohebshalom, Matthew Kimoto, Thomas Fan, 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 Defendant violated the Video Privacy Protection Act, 18 U.S.C. § 2710, et seq. (“VPPA”) by disclosing its online subscribers’ personally identifiable information (“PII”) to third-parties without consent in violation of the Video Privacy Protection Act (the “VPPA”). Defendant denies that it violated any law but has agreed to the settlement to avoid the uncertainties and expenses associated with continuing the case.

The Court has not decided whether the Plaintiffs or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The Settlement Class includes: all individuals who held an active account on the NFL All Day, Disney Pinnacle, UFC Strike, NBA Top Shot, and La Liga Golazos product websites (www.nflallday.com, www.disneypinnacle.com, www.ufcstrike.com, www.nbatopshot.com, and www.laligagolazos.com) during the Class Period.

Excluded from the Settlement Class shall be counsel to the Settling Parties, Hon. Wayne R. Andersen, and their employees, legal representatives, heirs, successors, assigns, or any members of their immediate family; any government entity; Dapper Labs, Inc., any entity in which Dapper Labs, Inc. has a controlling interest, any of Dapper Labs, Inc.’s subsidiaries, parents, affiliates, and officers, directors, employees, legal representatives, heirs, successors, or assigns, or any members of their immediate family; any persons who, as of the date of this Agreement, have provided notice to Dapper Labs, Inc. of claims relating to the Action; any persons who have released claims relating to the Action; and any persons who timely opt-out of the Settlement Class.

Monetary Relief: Defendant has created a Gross Settlement Amount totaling $5,000,000.00. All payments to Settlement Class Members, the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees, and an award to the Class Representative will also come out of this amount (see FAQ 13).

Prospective Changes: In addition to this monetary relief, the Settlement also requires Defendant to suspend operation of the Meta Pixel, Google Pixel, the Microsoft Bing Pixel, the SnapChat Pixel, the X Pixel, the Reddit Pixel, and the TikTok Pixel on any pages on its websites where it would capture the title of a video purchased or viewed, unless and until the VPPA is amended, repealed, or otherwise invalidated by judicial decision as applied to the use of web site pixel technology or video games generally, unless Defendant is otherwise in compliance with that law.

A detailed description of the settlement benefits can be found in the Settlement Agreement on the Documents page.

If you are member of the Settlement Class, you may submit a Claim Form to receive either a Cash Payment of up to $5. You must submit a Claim Form.

The hearing to consider the fairness of the settlement is scheduled for April 15, 2026. If the Court approves the settlement, eligible Class Members whose claims were approved by the Settlement Administrator will receive their Cash Payment 45 days after the Settlement has been finally approved and/or any appeals process is complete. The Cash Payments will be made in the form of a Zelle, PayPal, or Venmo, at your election.

If you are a Settlement Class Member and you want to get a payment, you must have completed and submitted a Claim Form by April 15, 2026.

If the Settlement becomes final, you will give up your right to sue Defendant for the claims this Settlement resolve. The Settlement Agreement describes the specific claims you are giving up against the Defendant. You will be “releasing” the Defendant and certain of its affiliates described in Section 1.25 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. The Settlement Agreement is available on the Documents page.

The Settlement Agreement describes the released claims with specific descriptions (see Sections 1.24-1.26 and 3.1-3.2 of the Settlement Agreement), 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 Defendant for the claims being resolved by this Settlement.

The Court has appointed Philip L. Fraietta and Stefan Bogdanovich 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 Gross Settlement Amount in an amount determined and awarded by the Court. Class Counsel will seek no more than one-third of the $5 million Gross Settlement Amount minus the Settlement Administration Expenses, but the Court may award less than this amount.

As approved by the Court, the Class Representatives will be paid incentive awards from the Gross Settlement Amount for helping to bring and settle the case. The Class Representatives will seek no more than $5,000.00 each as incentive awards, but the Court may award less than this amount.

The deadline to submit get out of the Settlement was April 15, 2026 and has passed.

No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.

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

The deadline to object to the Settlement was April 15, 2026 and 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 on April 15, 2026, in 4th Floor West, at the Supreme Court of the State of New York, County of Nassau, 100 Supreme Court Drive, Mineola, NY, 11501. 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 an incentive 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 Class Counsel at 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 come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. 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 Fairness Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Ohebshalom v. Dapper Labs, Inc., Index No. 615987/2025.” 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 objection and notice of intent to appear must be filed with the Court and postmarked no later than April 15, 2026.

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:

Dapper VPPA Class Action
Settlement Administrator
P.O. Box 4380
Portland, OR 97208-4380

You can call the Settlement Administrator at 1-888-887-2497 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.