There is an agreement between the user and their ISP, I for one have never made any agreement with KISSMetrics though I've used sites where they have tracked my information. Now I do make an agreement between a service like hulu when I use the site (Terms of Use) but the kicker here is (from their privacy policy):

You have choices about the collection and use of your information by third parties

But in fact because of KissMetrics shenanigans, the user did not have the choice which is probably why Hulu is in trouble. I suspect the other defendants have similar clauses that were not followed