Last week, a class action lawsuit was filed against Sling Media Inc., the maker of a device called Slingbox that streams digital TV, alleging the company streamed advertisements without permission from consumers.

Lead plaintiffs Mark Heskiaoff and Marc Langenohl filed the Slingbox class action lawsuit in New York federal court. In their class action lawsuit, they allege that starting in March, their Slingbox devices started embedding advertising in media streamed to their mobile devices.

According to the class action lawsuit, Slingbox pulls television, videos and other media from home broadcast, cable or satellite devices and sends it to the consumer’s phone, tablet or laptop while they’re traveling. The plaintiffs allege that they never consented to the additional advertising that started popping up. Both allege that starting on March 17 of this year they started receiving unsolicited pop-up spam ads while using their Slingboxes and that neither of them ever consented to receiving those ads when deciding to purchase Slingbox.

“Sling Media failed to disclose that the use of the product would be contingent upon and subject the purchaser to unrequested advertising from Defendant. Since approximately March 17, 2015, Sling Media suddenly began broadcasting such unrequested spam advertisements to users of its Slingboxes,” allege the plaintiffs in their class action lawsuit. “Slingbox has perpetuated a massive ‘bait and switch’ upon thousands of unsuspecting consumers, each of whom spent as much as $300 or more for these products,” they continue, “but who now need to watch the defendant’s ads to use their devices as promised.”

According to the class action lawsuit, the company that produces Slingbox, Sling Media, does not produce original content. “Sling Media did not in fact broadcast its own advertisements alongside streamed third-party content during its first decades of selling these devices,” wrote the plaintiffs in their Slingbox class action lawsuit.

The plaintiffs are seeking certification of a nationwide Class of consumers who bought a Slingbox device prior to March 17, when the plaintiffs allege the un-permitted ads started up. They claim that Slingbox ads are misleading and violate business law in California where Sling Media is based. The plaintiffs also allege that Sling Media engaged in “unfair competition or unfair, unconscionable, deceptive, fraudulent, or unlawful acts or business practices” in states where Slingbox purchasers live.

The plaintiffs are seeking an injunction against Sling Media to produce and stream future original advertising through Slingbox without prior consent from purchasers. They also seek restitution and disgorgement of all profits garnered from the allegedly misleading business practices and commandeering of the devices, as well as interest and attorneys’ fees.

Heskiaoff and Langenohl are represented by Adam Gonnelli of Faruqi & Faruqi LLP, Robert I. Lax of Lax LLP and Steven S. Siegel of The Law Office Of Steven S. Siegel PLLC.

The Slingbox Unwanted Ad Class Action Lawsuit is Heskiaoff, et al. v. Sling Media Inc., Case No. 1:15-cv-5388, in the U.S. District Court for the Southern District of New York.

UPDATE: On Mar. 16, 2016, Sling Media urged a New York federal judge to dismiss this class action lawsuit that accuses the company of misrepresenting its advertising policy for its streaming service.

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