Vivint Lawsuit: A New Spam-Email Class Action, No Open Settlement
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The newest Vivint class action was filed on April 2, 2026 in California federal court. It claims Vivint’s affiliate marketers sent Californians spoofed spam emails and that Vivint’s website tracked the people who clicked. As of October 2026 it has not been settled. There is no open Vivint settlement, no claim form and no deadline. Older Vivint cases — a $20 million FTC order and a $9.75 million credit-report settlement — passed their published claim deadlines.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the 2026 Vivint Class Action Lawsuit Says
The case is Gonzalez v. Vivint Smart Home LLC. The plaintiff says that in February 2026 she received an email that looked like it came from a friend in Atlanta. The lawsuit alleges it was actually a Vivint promotion sent by an affiliate marketer, with a forged header, a spoofed domain and a misleading subject line.
She says she clicked through to Vivint’s website to find out who had sent it. The complaint alleges that tracking pixels on the site then collected her information without consent. It also claims Vivint is responsible for more than 100,000 spam emails a year to California addresses.
The claims are brought under California’s Business & Professions Code and its Trap and Trace Law. The complaint asks for $1,000 in damages per email. These are allegations; no court has found that Vivint did anything wrong in this case.
Case Details
Gonzalez v. Vivint Smart Home LLC, Case No. 3:26-cv-02103-JLS-BJW, U.S. District Court for the Southern District of California, filed April 2, 2026.
Vivint Smart Home is owned by NRG Energy, which reported about 2 million smart-home customers as of June 30, 2026.
Other Vivint matters, in brief:
FTC credit-report case — United States v. Vivint Smart Home, Inc., U.S. District Court for the District of Utah, settled April 29, 2021 for $20 million.
Sullen v. Vivint — Case No. 01-CV-2023-903893, Circuit Court of Jefferson County, Alabama; $9.75 million settlement, claim deadline June 7, 2024.
Robertson v. Vivint Smart Home, Inc. — No. 2:24-cv-01572, U.S. District Court for the District of Nevada, a Do Not Call telemarketing class action filed August 26, 2024.
CPI Security v. Vivint — a competitor’s lawsuit in the Western District of North Carolina, not a consumer case.
Status: One Pending Class Action, Nothing to Claim
The two Vivint cases that did pay consumers are closed to new claims. The FTC claims deadline was October 9, 2023, and the Sullen claim deadline was June 7, 2024. The FTC’s refund page still tells anyone who thinks they qualify to call the administrator, Rust Consulting, at 1-833-472-1996. That is the only Vivint payout channel we could confirm as still answering questions.
The largest Vivint judgment — $224 million paid to competitor CPI Security on September 5, 2025 — went to CPI, not to customers.
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Who Could Be Covered
Gonzalez (2026): the proposed class is people in California who received a Vivint commercial email with a falsified domain, header or misleading subject line, or who visited a Vivint website and had personal information intercepted by tracking pixels. You do not sign up. If a class is certified or a settlement is reached, notice comes from a court-appointed administrator. If you live outside California, this case does not cover you.
Older credit-report cases: these covered people who never signed up for Vivint but found a Vivint account in their name. The FTC payments covered accounts opened between 2016 and 2019. Sullen covered accounts tied to unauthorized credit pulls between January 1, 2016 and January 16, 2024.
Robertson (2024): the plaintiff, a Nevada resident, alleges she received six calls and 21 texts from Vivint after listing her number on the National Do Not Call Registry, and sues on behalf of a proposed class; we could not confirm the class definition.
What Vivint Has Paid Before
Past Vivint payouts give a sense of scale:
• FTC order (2021): $20 million in total — a $15 million civil penalty plus $5 million for consumers. On December 5, 2024 the FTC sent its first round of 470 checks, totaling nearly $500,000. The average payment was $1,056, and the FTC said more funds would follow later.
• Sullen settlement: $9.75 million, paying $1,200 per fraudulent account that went to collections and $250 per account that did not.
Both were for people whose credit was misused to open accounts. Neither covered ordinary customers with billing or contract complaints.
Vivint Lawsuit Timeline
- 1
April 29, 2021 — $20 Million FTC Order
Vivint settles FTC charges that its sales reps used strangers’ credit reports (“white paging”) to qualify customers for financing. The order is entered in federal court in Utah.
- 2
February 2023 — $190 Million Verdict for CPI
A jury finds for competitor CPI Security over Vivint’s door-to-door sales tactics: $50 million in compensatory and $140 million in punitive damages.
- 3
June 7, 2024 — Sullen Claim Deadline
The claim deadline passes in the $9.75 million Sullen settlement for people with fraudulent Vivint accounts. The final approval hearing was set for April 23, 2024.
- 4
December 5, 2024 — FTC Mails 470 Checks
The FTC’s first payment round averages $1,056 per person. Checks must be cashed within 90 days.
- 5
September 5, 2025 — $224 Million Paid to CPI
After the Fourth Circuit upheld the verdict on July 22, 2025, Vivint’s parent NRG pays the judgment plus $34 million in interest.
- 6
April 2, 2026 — Spam-Email Class Action Filed
Gonzalez v. Vivint Smart Home LLC is filed in the Southern District of California. As of October 2026 it has not been resolved, and there is no claim form.
Three Things to Watch For
Vivint’s cases involve credit reports, telemarketing and spoofed email — all things scammers imitate:
“Claim your Vivint settlement” emails
There is no open Vivint settlement to claim. The 2026 lawsuit is about spoofed emails, so an email that looks like it comes from a friend or “Vivint” and asks for your details is exactly the kind of message to delete.
Refund calls that ask for a fee
The real FTC refund administrator is Rust Consulting, at 1-833-472-1996. The FTC says it never requires people to pay money or provide account information to get a refund. Call that number yourself rather than a number someone gives you.
Door-to-door reps talking down your provider
In the CPI case, the jury found and the Fourth Circuit agreed that Vivint salespeople regularly and deliberately lied to CPI’s customers to get them to switch. If a rep at your door says something about your current alarm company, call that company yourself before you sign anything.
Vivint Lawsuit — Questions People Actually Ask
Is there a class action lawsuit against Vivint right now?
Yes. Gonzalez v. Vivint Smart Home LLC, No. 3:26-cv-02103, was filed April 2, 2026 in the Southern District of California over alleged spoofed spam emails and website tracking pixels. As of October 2026 it has not been settled, and there is no claim form.
Is there a Vivint class action settlement I can file a claim in?
Not as of October 2026. The published FTC claims deadline was October 9, 2023 (the FTC’s refund page now says to call the administrator at 1-833-472-1996 to ask whether you can still apply), and the Sullen settlement’s claim deadline was June 7, 2024. Anyone looking for a class action lawsuit Vivint customers can still join for money will not find an open claim form today.
I had a Vivint account opened in my name that I never signed up for. Can I still get paid?
Possibly. The FTC’s refund page says people who may be eligible should call the administrator, Rust Consulting, at 1-833-472-1996, and it covers accounts opened between 2016 and 2019. Separately, dispute the account with the credit bureaus.
How much did people get from the FTC Vivint refund?
In the first round on December 5, 2024, the FTC sent 470 checks totaling nearly $500,000, an average of $1,056 each. The FTC said it would distribute more funds later.
I live outside California and got Vivint spam. Am I covered?
Not by the Gonzalez case, whose proposed class is limited to people in California. The 2024 Robertson case in Nevada is a proposed class action over repeated telemarketing calls and texts to numbers on the Do Not Call Registry; we could not confirm its class definition or current status.
What was the $190 million Vivint verdict about?
Competitor CPI Security sued over Vivint’s door-to-door sales practices. In February 2023 a jury awarded $50 million in compensatory and $140 million in punitive damages. The Fourth Circuit affirmed on July 22, 2025, and NRG paid $224 million, including interest, on September 5, 2025. The money went to CPI, not to consumers.
Is the Vivint Solar settlement the same thing?
No. In February 2026, five California district attorneys settled a consumer-protection case with Vivint Solar, a solar seller, for $1.3 million in civil penalties. It was a government case with no claim process, and it does not involve the Vivint home-security company.
What should I do now?
Keep any Vivint emails that look spoofed, along with their full headers. Pull your free credit reports and look for Vivint accounts you did not open. Treat any message offering a “Vivint settlement payment” with suspicion, because none is currently open.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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