Facebook class actio6/8/2023 ![]() The class claims were headed for trial in the wake of significant rulings by the District Court that were upheld on appeal by the Ninth Circuit. The $5 billion FTC settlement followed the agency's complaint that Facebook violated broad privacy provisions from a 2012 consent decree, including by misrepresenting the extent to which users could control the privacy of their facial-recognition template by implying that users would have to opt-in for the site to use facial recognition, whereas approximately 60 million users were automatically enrolled unless they opted-out. Judge Donato was outspoken in his criticism of the initial deal based on his impression that the plaintiffs' claim that Facebook was reckless in breaching the notice and consent provisions of BIPA, yielding enhanced damages, was potentially viable based on the terms of a settlement Facebook entered into with the Federal Trade Commission in 2019. District Judge James Donato of ND California. The class of Illinois residents was estimated to consist of approximately 6 million members, for whom Facebook's algorithm stored a digital face template based on their facial geometry, making the total potential value of the class claims estimated at between $10 billion and $47 billion.įacebook agreed to pay $650 million to end the BIPA class action, which was up from an initial $550 million settlement deal struck in January 2020 that failed to meet the approval of U.S. BIPA provides a private right of action to Illinois residents "aggrieved" by private entities that collect their biometric data (including retina scans, fingerprints, and face geometry) without complying with the statute's notice and consent requirements.īIPA allows per-violation statutory damages of $1,000 for negligent and $5,000 for reckless or intentional violations of the law. The company described the change as part of a company-wide move to limit the use of facial recognition in its products due to growing societal concerns and the unclear regulatory landscape surrounding use of the technology.įacebook's decision comes after it settled a major class action in February 2021 that alleged the company's facial recognition system violates Illinois's Biometric Information Privacy Act ("BIPA"). The Court decided that all people who fit this definition are included in the Class: “Facebook users located in Illinois for whom Facebook created and stored a face template after June 7, 2011.” To file a valid claim under the Settlement, you must have lived in the State of Illinois for a period of at least 183 days (6 months).DecemFacebook recently announced it is shutting down the facial recognition system used to identify individuals in videos and photographs based on stored face templates on the social network. If you are expecting a payment but haven't yet received it, we ask that you wait until mid-April before making an inquiry.Īm I eligible to receive a payment from the Settlement? ![]() It will take about two weeks to finish mailing the checks and processing the electronic payments. UPDATE: The Settlement Administrator began sending supplemental settlement payments to class members who cashed their initial settlement payment on February 28, 2023. has settled a class action that claimed Facebook collected and stored the biometric data of Facebook users in Illinois without the proper notice and consent in violation of Illinois law as part of its “Tag Suggestions” feature and other features involving facial recognition technology.
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