If you were a Facebook user in Illinois between 2011 and 2015, you may be eligible for a payment from the Facebook biometric information privacy class action settlement. This settlement resolves a lawsuit alleging that Facebook unlawfully collected and stored biometric data from users’ photos and videos without proper consent. Here are answers to common questions about contacting the settlement administrator to file a claim or opt out of the settlement.
What is the Facebook biometric settlement about?
In 2015, Facebook users in Illinois sued the company alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The users claimed Facebook’s “Tag Suggestions” feature, which uses facial recognition technology to analyze photos and automatically suggest tags for people in them, violates BIPA.
Specifically, the lawsuit alleges Facebook collected and stored biometric identifiers (face templates) from photos and videos without proper notice or consent from users as required by BIPA.
In 2020, Facebook agreed to pay $650 million to settle the class action lawsuit. The settlement was granted preliminary approval in August 2022.
The settlement class includes Facebook users located in Illinois for whom Facebook created and stored a face template after June 7, 2011.
What does the settlement provide?
Under the settlement, class members can file claims to receive cash payments of between $200-400 per person from a $650 million settlement fund. The exact amount depends on the number of valid claims submitted.
Facebook has also agreed to change its biometric privacy practices to come into compliance with BIPA.
Important dates
- Claims Period: Open now until November 23, 2022
- Exclusion/Objection Deadline: September 22, 2022
- Final Approval Hearing: October 7, 2022
How to file a claim
To receive a cash payment, class members must submit valid claims to the settlement administrator. You can file a claim online or by mail.
File a claim online
To file a claim online, go to FacebookBiometricSettlement.com and click on “File a Claim.” You will need to provide your name, contact information, and Facebook username or email address.
The website will walk you through the process step-by-step. It should take less than 5 minutes.
File a claim by mail
To file by mail, download and print the claim form from the settlement website. Fill out the form and mail it to:
In re Facebook Biometric Info. Privacy Litig.c/o JND Legal Administration
P.O. Box 91318
Seattle, WA 98111-9418
Claim forms must be postmarked by November 23, 2022.
Exclude yourself from the settlement
Class members have the right to exclude themselves or “opt out” of the settlement. If you opt out, you won’t get a payment but you keep the right to sue Facebook separately for the same legal claims in this lawsuit.
To opt out, you must submit an exclusion request online or by mail postmarked by September 22, 2022.
Get the opt out form at FacebookBiometricSettlement.com and submit it online or mail it to:
In re Facebook Biometric InfoPrivacy Litig. Exclusions
c/o JND Legal Administration
P.O. Box 91318
Seattle, WA 98111-9418
Make sure to include your name, address, email address or phone number, Facebook username, and a statement that you want to be excluded from the class.
Object to the settlement
If you don’t opt out, you can object to the settlement terms if you disagree with any part of it. The Court will consider all objections.
To object, submit a written statement to the settlement administrator by September 22, 2022. Include your name, address, Facebook username or email, reasons for your objection, and whether you intend to appear at the final approval hearing.
Mail the objection to:
In re Facebook Biometric InfoPrivacy Litig. Objections
c/o JND Legal Administration
P.O. Box 91318
Seattle, WA 98111-9418
Final approval hearing
The Court will hold a final approval hearing on October 7, 2022 to consider whether to approve the settlement, class counsel’s fees, and the class representatives’ service awards. The hearing will take place at:
United States District CourtNorthern District of California
450 Golden Gate Ave.
Courtroom 1 – 17th Floor
San Francisco, CA 94102
Class members who submitted objections may (but don’t have to) appear at the hearing. To appear, file a Notice of Intention to Appear with the Court by September 22, 2022.
How much will payment amounts be?
Payment amounts depend on how many class members file valid claims. Each person who submits an approved claim will receive a proportionate share of the net settlement fund after deductions for court-approved fees, expenses, and service awards.
Claimant payments are estimated to be around $200 to $400 per person, but could be higher or lower depending on the number of claims.
When will I get my payment?
Payments will be mailed to approved claimants after the settlement receives final approval and any appeals are resolved. This may take months or even years. Claimants will be notified once payment distributions begin.
Updates will be posted on the settlement website.
What if my information or address changes?
If your mailing address, email, or other information changes after you submit a claim or exclusion request, contact the settlement administrator to update your information.
In re Facebook BiometricInfo. Privacy Litig.
c/o JND Legal Administration
P.O. Box 91318
Seattle, WA 98111-9418
You can update your information online at FacebookBiometricSettlement.com or by emailing [email protected].
What happens if I do nothing?
Class members who do nothing remain part of the settlement. They give up their rights to sue Facebook separately for the claims covered by this lawsuit and settlement. They will not receive a cash payment.
What am I giving up in the settlement?
Unless you exclude yourself, you are staying in the class and giving up the right to sue Facebook for the claims related to this case. The specific claims you are releasing are described in Paragraph 1.25 of the Settlement Agreement.
Do I have a lawyer in this case?
Yes. The Court has appointed lawyers from Edelson PC, Robbins Geller Rudman & Dowd LLP, and Labaton Sucharow LLP to represent the class as “Class Counsel.” They will request attorneys’ fees and costs from the settlement fund. You can hire your own lawyer, but you’ll need to pay your own legal fees.
How will the lawyers be paid?
Class counsel will ask the Court for attorneys’ fees of up to 20% of the $650 million settlement fund, plus reimbursement of litigation costs. The fees and costs awarded will be paid out of the settlement fund.
You can object to the fee request. Details for doing so are available at FacebookBiometricSettlement.com.
Where can I get more information?
For more details on filing a claim, excluding yourself, or objecting to the settlement, visit FacebookBiometricSettlement.com. You can also get answers to common questions about the settlement.
For additional questions, you can contact the settlement administrator by email at [email protected] or call toll-free 1-844-799-2417.
All case documents, including the full notice, claim form, exclusion form, and settlement agreement are available for download at FacebookBiometricSettlement.com.
You can also access the Court docket via PACER or during business hours at:
Clerk of the United States District CourtNorthern District of California
450 Golden Gate Avenue
San Francisco, CA 94102
Summary of important dates
| Date | Event |
|---|---|
| Now – November 23, 2022 | Claims Period |
| September 22, 2022 | Exclusion/Objection Deadline |
| October 7, 2022 | Final Approval Hearing |
Conclusion
The Facebook biometric information privacy class action settlement provides payments to Illinois Facebook users who had their facial biometrics collected and stored without consent. To receive compensation, eligible class members must submit valid claim forms before the deadline.
For more information on participating in the settlement, including how to file a claim, exclude yourself, or object to the settlement terms, visit the settlement website or contact the claims administrator directly.