In 2022, Facebook agreed to pay $90 million to settle a lawsuit that alleged its use of facial recognition technology in Illinois violated the state’s Biometric Information Privacy Act. As part of the settlement, Facebook users in Illinois who appeared in a photo on Facebook after June 7, 2011 may be eligible for a cash payment from the settlement fund. Applying online for the Facebook settlement is relatively straightforward, but there are some key requirements and deadlines that claimants need to be aware of. In this article, we’ll walk through step-by-step how to submit a claim online for the Facebook facial recognition settlement.
Who is eligible to claim part of the settlement?
To be eligible to claim part of the Facebook biometrics settlement, you must meet the following requirements:
- You must have been a Facebook user located in Illinois for at least 183 days (6 months) between June 7, 2011 and the date of the settlement
- You must have uploaded a photo of yourself or been “tagged” in a photo on Facebook during that time period
- Your face must have appeared in at least one photo that was uploaded or “tagged” between those dates
If you meet these criteria, you are considered part of the class eligible to submit a claim. The specific amount that each claimant will receive has not yet been determined, but is estimated to be around $200-400 per person. The final amount per claimant will depend on the total number of valid claims submitted.
How to submit your claim online
Submitting a claim for the Facebook settlement is a quick and easy online process:
1. Go to the Facebook Biometric Info Privacy Settlement website at www.facebookbipaclassaction.com. This is the official website administering claims for the settlement.
2. Click on the “File a Claim” tab. This will take you to the online claim form.
3. Provide your name and contact information. You’ll need to give your full name, mailing address, email, and phone number.
4. Verify your identity. To verify your identity, you’ll enter the email address or phone number associated with the Facebook account where your photos appeared.
5. Provide information about your Facebook use. You’ll need to answer questions about when and how you used Facebook during the eligible class period between June 2011 and the settlement date.
6. Review and submit your claim. Carefully review all information you provided before submitting to ensure it is complete and accurate. Check the box agreeing to the terms and conditions.
7. Get a claim number. Once you submit your claim, you’ll receive a confirmation page and claim number. Keep this for your records, as you’ll need it to reference your claim later.
The whole process should only take about 5-10 minutes to complete. The deadline to submit claims online is currently November 23, 2022, so don’t delay!
What information/documents do you need to provide?
When you file your claim online, you will need to provide the following information and documentation:
- Your full name
- Current mailing address where you want checks sent
- An active email address you check regularly
- A phone number where you can be reached if needed
- Facebook account information: either the email address or phone number associated with the Facebook account where your photos appeared
- Answers to questions about your Facebook usage during the timeframe covered by the settlement (June 2011 – present)
- Agreement to the settlement terms and conditions
You do NOT need to provide any documentation beyond the information collected on the online claim form. You do not need to upload or attach any photos or other documents.
The most important thing is making sure the contact information you provide is accurate, so you can receive updates and payment if eligible.
When is the deadline to submit my claim?
The deadline to submit claims online for the Facebook biometric settlement is currently November 23, 2022.
This deadline may be subject to change, so make sure to double check the official settlement website for any updates. But do not wait until the last minute, as heavy traffic may slow down the website near the deadline.
Submit your claim as soon as possible for the best chance of securing your portion of the settlement fund. Claims received after the cutoff date will unfortunately be ineligible.
When will I receive my payment if eligible?
If your claim is deemed valid and eligible for a payout, you likely will not receive your payment until sometime in 2023 at the earliest.
Here is a general timeline of when claimants can expect to receive their checks or electronic payments:
- November 2022: Claim filing deadline.
- Early 2023: Claims administrator reviews all claims and determines validity and amount per claimant. The court will also give final approval to the settlement.
- Mid 2023: Payments are issued and sent to eligible claimants either by check or electronically.
- Late 2023: Deadline for any remaining funds to be paid out to Cy Pres recipients.
This is just an estimate, and the specific dates are still being determined. Make sure to keep checking the settlement website for the most up-to-date timeline and details on the payment process. Pay close attention to any notifications about the claim status.
How will I receive my payment?
If eligible, you can choose to receive your settlement payment either by:
- Paper check sent by mail
- Electronic transfer into your bank account
- Digital payments services like PayPal
When you file your claim, you’ll be able to select your preferred payment method.
Mailed paper checks take longer to deliver, so electronic payment through bank transfer or digital services is usually much quicker. Just make sure when you submit your claim that the payment details you provide are accurate to avoid any delays.
Double check that the mailing address listed on your claim is correct if choosing the paper check option. Also be on the lookout for any fraudulent emails or communications, as scammers often target settlement recipients.
What should I do if my contact information changes?
If any of your contact information like your mailing address, email, or phone number changes after you submit your claim, it is important to update this as soon as possible.
You can update your contact info by:
- Emailing the claims administrator directly at [email protected]
- Calling the toll-free hotline for the settlement at 1-844-799-2417
Make sure when doing this to reference your specific claim number, so they can connect the updated details to your existing claim.
Having current contact info is crucial, so you receive any and all communications about the status of your claim and eventual payment delivery. If they try sending you a settlement check and the mailing address is outdated, your payment could be delayed significantly or even considered undeliverable.
Can I submit a claim on behalf of a deceased relative?
If the Facebook account holder is deceased, a claim may be filed by an authorized representative of their estate. This is often the spouse, domestic partner, surviving child, parent, or sibling.
Here is what you need to do to submit a settlement claim on behalf of someone who is deceased:
- Provide documentation proving you are the authorized representative of the decedent’s estate. This is usually a copy of the death certificate and appropriate estate administration documents establishing your authority to act on behalf of the estate.
- Fill out the online claim form with the decedent’s information (name, Facebook account details, etc.). Note where requested that the account holder is deceased.
- Provide your own contact information so you can receive any follow up communications and the settlement payment check.
- Upload scanned copies of the documentation granting you authority to handle estate or next of kin matters when prompted.
Even if you are the relative of a deceased class member, you cannot file a claim on their behalf without proper estate administration documentation. Follow the instructions carefully when submitting a claim for someone who is deceased.
What if I’m not sure if I’m included in the class?
If you are unsure whether you are included in the settlement class, you can refer to the class eligibility requirements explained earlier:
- Lived in the state of Illinois for at least 6 months between June 2011 – present
- Had photos of yourself uploaded to Facebook during this time
- Appeared in at least one photo on Facebook between these dates
Even if you are not certain you meet these class membership conditions, it does not hurt to go ahead and submit a claim.
The claims administrator will carefully review each submission to verify eligibility based on the available data. If it turns out you are not part of the settlement class, your claim will simply be denied. There is no penalty or risk in filing a claim just to see if you may qualify.
What happens if my claim is denied?
If you submit a settlement claim and it is denied, you will receive a notice explaining why you were not eligible. Some reasons your claim may be considered invalid and denied:
- You did not fall within the date range to be a class member
- Your Facebook account shows you lived outside Illinois during the relevant period
- Your name and contact information could not be sufficiently verified
- You did not meet one or more of the eligibility requirements
If you feel your claim was denied in error, you have the right to challenge the decision:
- Carefully review the reason your claim was rejected to see if you disagree with the determination.
- Gather any documentation that shows how you meet the class eligibility requirements.
- Submit a written request for reconsideration to the claims administrator.
Provide as much detail as possible on why your claim should be validated and include copies of any supporting evidence you have.
However, if the administrator upholds their decision to reject your claim after review, that determination is generally final.
Are settlement payments taxable?
The short answer is yes, settlement payments made to class members will be considered taxable income by the IRS and state tax agencies.
A Form 1099 will be issued to all claimants who receive a payout exceeding $600. You must report this amount on your tax return in the year payment is issued, and pay any resulting income taxes owed.
Exactly how much tax you’ll owe will depend on factors like:
- Your total income that year
- Your tax filing status (single, married filing jointly, etc)
- How much you receive from the settlement
- What tax bracket you fall under
Settlement payments are generally taxed at your ordinary income tax rate, not at lower capital gains rates. Consult a tax professional to understand your specific tax liability on any funds received from the Facebook settlement.
Can I get help with completing my claim?
If you need any help understanding the claims process or completing the online claim form, don’t hesitate to reach out. There are resources available to assist you:
- Settlement website FAQ page – The official settlement website has an extensive FAQ section that answers many common questions about eligibility, documentation, deadlines, payments, taxes, and more. Thoroughly review the FAQ for help.
- Claims administrator helpline – Call the toll-free helpline at 1-844-799-2417 where operators are available to answer questions about claims and assist with filing.
- Class counsel – The law firms Edelson PC, Robbins Geller Rudman & Dowd LLP, and Labaton Sucharow LLP represent the class. You can reach out to them directly for claim help.
Don’t be afraid to reach out and ask questions if any part of the process is unclear before submitting your claim. The class counsel and claims administrator are there to help ensure your claim is handled properly.
Conclusion
The Facebook biometrics settlement provides compensation for Illinois users following alleged privacy violations using facial recognition. By following the steps outlined and meeting the deadline, you can submit a straightforward online claim for your share of the $650 million fund. Be sure to provide accurate contact information so you receive payment and tax documentation. Reach out for help completing your claim if needed. With a few minutes of easy work, you could get a check down the road!