In 2021, Facebook agreed to pay $650 million to settle a class action lawsuit over its use of facial recognition technology in Illinois. The settlement created a fund to pay most Facebook users in Illinois who appeared in a photo on the platform between 2011 and 2015. With the settlement now finalized, many are wondering if they can still make a claim to get their cut of the Facebook money.
What was the Facebook class action lawsuit about?
The class action lawsuit alleged that Facebook violated Illinois’ biometric privacy law by using facial recognition technology to analyze photos without users’ explicit consent. Illinois’ Biometric Information Privacy Act requires companies to obtain consent before collecting biometric data such as face scans and fingerprints. The lawsuit claimed that Facebook’s “Tag Suggestions” tool, which uses facial recognition to match faces in photos to people’s profiles, was in violation of state law because it never asked users for permission to apply the technology.
Facebook argued that its technology simply acts as a user tool to help tag photos, and does not constitute a legal injury. However, the plaintiffs claimed that violating biometric privacy rights constitutes real harm. After several years of litigation, Facebook agreed to a settlement in 2021 to avoid further legal action.
Who is eligible for a payout in the settlement?
The settlement class includes Facebook users located in Illinois for whom Facebook created and stored a face template after June 7, 2011. To be eligible, your face must have appeared in at least one photo uploaded to Facebook between 2011 and 2015 and Facebook must have applied facial recognition technology to the photo.
You can check if you are a class member by reviewing the list of eligible accounts at the settlement website. The list includes names and associated Facebook usernames of accounts that match the class definition. If your name appears on the list, you are eligible to file a claim for part of the settlement fund.
How much money can you get?
The settlement has set aside $650 million to pay individual claims. The exact amount each person receives will depend on how many class members file valid claims. Payments will be distributed evenly after deducting court-approved fees, expenses, taxes, and payments to the named plaintiffs who brought the lawsuit.
Initial estimates stated that individual payments could be around $200 to $400. However, Facebook says only about 1.6 million users have submitted claims, far below original projections. As a result, individual payments may end up in the range of $300-$400. Payments will be sent via Zelle, PayPal, virtual debit card, or paper check.
How can you file a claim?
The deadline to file a claim was initially set for November 23, 2022. However, the court has approved an extension until March 1, 2023. That means there is still time left to submit a claim.
To file a claim, you need to provide your name, contact information, and Facebook username used between 2011-2015. You can submit a claim form online at the settlement website or print a form to mail. Claims can also be filed by phone by calling the settlement administrator.
Be sure to provide your name exactly as it appears on the list of eligible settlement class members. Claims are subject to cross-referencing and verification before payments are issued.
When will payments go out?
The court still needs to give final approval to the settlement claims process before payments can go out. That final approval hearing is scheduled for March 9, 2023. If the court signs off on the claims, the administrator anticipates payments will begin going out within two months.
Given the timeline, you can expect to receive your payment by May or June 2023 if you submit a valid claim by the March 1 deadline. However, delays are possible if any appeals are filed or other issues crop up. The settlement website will provide updates if the timeline changes.
What if you already got money from Facebook?
Some Facebook users in Illinois may have already received money related to this class action lawsuit. Facebook sent out payments ranging from $200-$400 to some users in 2021 as part of an earlier settlement proposal that was ultimately rejected by the court.
If you got an earlier check from Facebook, you can still file a claim now. Any previous amount will be deducted from your new payment. So if you previously got $300, and your new settlement payment is calculated at $350, you would receive another $50.
What are the pros and cons of filing a claim?
| Pros | Cons |
|---|---|
| Receive a portion of the settlement fund (likely $300-$400) | Time and effort to submit a claim form |
| Hold Facebook accountable for privacy violations | Small individual payments spread out over a large class |
| Settlement helps deter companies from biometric data misuse | No admission of wrongdoing by Facebook |
| Claim form is simple and quick to fill out online or by mail | Waiting months for payment processing |
What happens if you do nothing?
If you are a settlement class member but do nothing, you will not receive any portion of the settlement money. You will also give up your rights to individually sue Facebook over the issues raised in this case.
However, even if you do not file a claim, the court case itself still benefits you and other Illinois Facebook users. The lawsuit and settlement have established legal boundaries around the collection and use of biometric data. It has shown that there can be real penalties when companies fail to properly disclose their use of technologies like facial recognition.
Key takeaways
- A $650 million fund is available for most Facebook users in Illinois who had their faces scanned with facial recognition between 2011-2015.
- To get your personal share, estimated around $300-$400, you need to file a claim by March 1, 2023.
- Claiming is easy – just submit your name and Facebook info online or by mail.
- Final payments should go out in May or June 2023 after court approval.
- This case has strengthened biometric privacy rights in Illinois and beyond.
Conclusion
While the Facebook photo tagging class action settlement has been years in the making, the good news is there is still time to get your cut. If you were a Facebook user in Illinois between 2011-2015, check the eligibility list and file your claim for a cash payment by March 2023. The settlement holds Facebook financially accountable for privacy missteps and highlights the importance of biometric consent laws. Even if you miss out on money, you can be glad this case stood up for digital rights and brought an issue into the public discussion that affects all our futures in the age of facial recognition.