Frequently Asked Questions
A Court authorized this 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. This Notice explains the lawsuit, the Settlement, and your legal rights. The Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, is overseeing this case. The case is called Beninati v. Simplilearn Americas, Inc., Case No. 2026-016188-CA-01. The people who have sued are called the Plaintiffs. The Defendant is Simplilearn Americas, Inc.
In a class action, one or more people called the class representative(s) (in this case, Albert Beninati and Justin Korn) and 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 (the “VPPA”), 18 U.S.C. § 2710, et seq. by disclosing its Platform users’ personally identifiable information (“PII”) to third parties without consumers’ consent. The VPPA defines PII to include information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider. The Defendant denies that it engaged in any wrongdoing or 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 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 is defined as all persons who accessed or used the Simplilearn Platform in the United States between February 26, 2023 through September 16, 2026. For the avoidance of doubt, a person “accessed or used” the Simplilearn Platform if he or she visited, browsed, viewed, or otherwise interacted with any portion of the Simplilearn Platform, regardless of whether that person registered for or created an account, subscribed, made any purchase, logged in, or requested, obtained, or viewed any video. The Settlement Class excludes: (1) any Judge or Magistrate presiding over this Action and members of their families; (2) Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, agents, attorneys, and employees; (3) persons who properly execute and file a timely request for exclusion from the Class; and (4) the legal representatives, successors or assigns of any such excluded persons. The “Simplilearn Platform” means the Simplilearn iOS and Android mobile applications owned and operated by Defendant, and the Simplilearn website (including any website dashboards) owned and operated by Defendant, and/or any Simplilearn learning portals.
Defendant has agreed to make $3,000,000.00 available under the Settlement (the “Settlement Fund”). Class Member payments, and the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees, and an award to the Class Representatives will also come out of this fund (see Question 13).
If you are a member of the Settlement Class, you may submit a Claim Form to receive a cash payment of a pro rata (meaning equal) portion of the Settlement Fund after the above-stated costs, expenses, administrative fees, and Service Awards have been paid out. The amount of payment will depend on how many of the Class Members file valid claims. Each Class Member who files a valid claim will receive a proportionate share of the Settlement Fund. You can contact Class Counsel to inquire as to the number of claims filed.
A hearing will be held to consider the fairness of the Settlement and is expected to occur in January 2027. If the Court approves the Settlement, eligible Class Members whose claims were approved by the Settlement Administrator will receive their payment within sixty (60) days after the Effective Date (as defined in the Settlement Agreement). The payment will be made in the form of a check, unless you elect to receive payment by PayPal or Venmo, and all checks will expire and become void 180 days after they are issued.
If you are a Class Member and you want to get a payment, you must complete and submit a Claim Form by December 15, 2026. 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 the Defendant and the other Released Parties for the claims this Settlement resolves. Those released claims are described in full in the "Released Claims" provisions of the Settlement Agreement and are broader than the Video Privacy Protection Act claim pleaded in this lawsuit: they include all claims relating to the alleged collection, use, disclosure, interception, sharing, tracking, or transfer of your information through the Simplilearn Platform – including any information collected, disclosed, or transferred through pixels, cookies, software development kits, web beacons, or other tracking, analytics, advertising, or marketing technologies — that arise from the same facts alleged in this case. You will be “releasing” the Defendant and certain of its affiliates, as set forth in the definition of “Released Parties” in the Settlement Agreement. Unless you exclude yourself (see Question 14), you are “releasing” these claims, regardless of whether you submit a claim or not. 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 Question 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 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 forty percent (40%) of the $3 million Settlement Fund, i.e., $1,200,000.00, as attorneys’ fees, plus expenses, but the Court may award less than this amount.
As approved by the Court, the Class Representatives will be paid Service Awards from the Settlement Fund for helping to bring and settle the case. The Class Representatives will seek no more than $2,500.00 each as a Service Award, but the Court may award less than this amount.
To exclude yourself from the Settlement, you must mail or otherwise deliver a letter (or request for exclusion) stating that you want to be excluded from the Beninati v. Simplilearn Americas, Inc., Case No. 2026-016188-CA-01 settlement. Your letter or request for exclusion must also include your name, your address, your signature, the name and number of this case, and a statement that you wish to be excluded. You must mail or deliver your exclusion request no later than December 15, 2026, to:
Simplilearn Settlement
Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
No. Unless you exclude yourself, you give up any right to sue the Defendant and the other Released Parties for the claims being resolved by this Settlement, as described in Question 10.
No. If you exclude yourself, do not submit a Claim Form to ask for benefits.
If you’re a Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the Settlement in Beninati v. Simplilearn Americas, Inc., Case No. 2026-016188-CA-01. Your objection must be presented in writing, personally signed by you, and must include: (1) your name and address; (2) an explanation of the basis upon which you claim to be a Settlement Class Member, including information sufficient to identify your Simplilearn App account; (3) all grounds for the objection, including all citations to legal authority and evidence supporting the objection; (4) the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection; and (5) a statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel who files an appearance with the Court in accordance with the Local Rules). If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the Settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below.
Class Counsel will file with the Court and post on this website its request for attorneys’ fees by November 30, 2026.
If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (see Question Number 21), you must state so in your letter or brief. File the objection with the Clerk of the Court, or, if you are represented by counsel, file it through the Court’s CM/ECF system, and send copies by mail, hand, or overnight delivery service to Class Counsel and Defendant’s Counsel listed below, postmarked no later than December 15, 2026.
Class Counsel
Yitzchak Kopel Bursor & Fisher, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
(646) 837-7150
Defendant's Counsel
Hillard M. Sterling
Roetzel & Andress LPA
70 W. Madison Street, Suite 3000
Chicago, IL 60602
(312) 580-1200
Objecting 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 a Final Approval Hearing to decide whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for Service Awards to the Class Representatives. The Court has not yet set the date, time, location, or manner of appearance for the hearing.
The Final Approval Hearing is expected to occur in January 2027. Once the Court schedules the hearing, information about how to attend will be posted on this website and will be available by calling 1-888-808-2849.
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 Final Approval Hearing. To do so, your objection must include a statement indicating whether you intend to appear at the Final Approval Hearing, either personally or through counsel who files an appearance with the Court in accordance with the Local Rules. Your objection must be filed with the Court and postmarked no later than December 15, 2026, and be sent to the addresses listed in Question 17.
These Frequently Asked Questions summarize the Settlement. More details are in the Settlement Agreement here. You may also write with questions to Simplilearn Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134. You can call the Settlement Administrator at 1-888-808-2849 or contact Class Counsel at [email protected] if you have any questions. Before doing so, however, please read this full Notice carefully. You may also find additional information elsewhere on this website.