Berman et al. v. Forbes Media Privacy Lawsuit Case

As of May 2026, Forbes Media is navigating a significant legal pivot point, nearing a $10 million settlement in a California-based privacy class action (Berman et al. v. Forbes Media). This new development adds to a growing list of data-related legal challenges for the media giant, which recently closed a separate $7.5 million settlement involving Facebook and the Video Privacy Protection Act (VPPA) and is the trend we’ve been warning businesses online about because they need to setup privacy software from Captain Compliance.

Here is an in-depth look at the state of these legal proceedings, the financial implications for users, and the long-term impact on digital publishing.

1. The 2026 Tracking Settlement: Berman v. Forbes

This case highlights a shift in privacy litigation away from specific federal statutes (like the VPPA) and toward broader state-level claims regarding “wiretapping” and unauthorized data sharing through third-party marketing tools.

Case Allegations

The plaintiffs in Berman v. Forbes Media alleged that the publisher integrated sophisticated tracking technologies from companies like LinkedIn and Microsoft without obtaining explicit consent from users. The core claims included:

• Unauthorized Interception: Allegations that Forbes allowed third parties to “eavesdrop” on user activity.

• Data Brokerage: Claims that browsing habits and PII (Personally Identifiable Information) were shared to enhance ad-targeting profiles.

• California Law Violations: Specifically, violations of the California Invasion of Privacy Act (CIPA) and the California Consumer Privacy Act (CCPA).

Settlement Terms & Payouts

The proposed $10 million settlement is currently in the preliminary approval phase as of May 2026.

• Estimated Payments: Depending on the number of valid claims, eligible California users could receive between $32 and $189. This is notably higher than many similar “pixel” settlements, reflecting the stricter penalties under California law.

• Injunctive Relief: Forbes must implement a more robust “Consent Management Platform” (CMP). This includes clearer “Opt-Out” options and more prominent notices for California residents regarding how their data is tracked by third-party scripts.

2. The 2025 VPPA Settlement: Lamb v. Forbes Media

Before the Berman case reached its peak, Forbes finalized a $7.5 million settlement regarding its use of the “Meta Pixel” (the Facebook tracking tool).

The Lamb case was a classic “VPPA Pixel” suit, where the argument rested on the idea that a “digital video” on a website is legally equivalent to a “video tape” under the 1988 federal law, thereby requiring written consent before sharing viewing data with a third party like Facebook.

3. Why This Matters: The “Cost of Litigation”

In both cases, Forbes has maintained a stance of no wrongdoing. The company opted to settle primarily to avoid the spiraling costs of prolonged litigation and the unpredictability of jury trials in privacy-focused jurisdictions like California.

Publisher Warning for Privacy Lawsuits…

1. The End of the “Wild West” for Pixels: Publishers can no longer assume that standard “Cookie Banners” cover deep-level tracking by companies like LinkedIn or Microsoft.

2. State Law Dominance: While federal privacy laws remain stagnant, California’s legal framework (CIPA/CCPA) is becoming the de facto national standard due to the high cost of non-compliance.

3. Transparency Requirements: Moving forward, Forbes and its peers are expected to provide more granular controls, essentially allowing users to “turn off” specific third-party trackers while still accessing content.