Vizio got off for peanuts last month in a settlement with the Federal Trade Commission, but the television maker may not be so lucky in a pending MDL.

Last week, a federal judge in California refused to dismiss most of the claims brought by customers who purchased Vizio’s internet-connected televisions. Vizio surreptitiously captured the second-by-second viewing data of its customers and then sold the information to third parties for targeted ads.

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