In 2021, Facebook agreed to pay $650 million to settle a class action lawsuit that claimed the company illegally collected and stored biometric data from users without consent through features like face tagging. Now that the settlement has been approved by a federal judge, people who filed claims will soon be receiving their share of the payout. Here’s what you need to know about getting your money from the Facebook lawsuit settlement.
Who is eligible for a payout?
The settlement applies to Facebook users located in Illinois who appeared in a photo on Facebook after June 7, 2011. To be eligible, your face had to have been automatically tagged, or Facebook had to have created and stored a face template after you appeared in a photo.
You must have lived in Illinois for at least 183 days (6 months) to be eligible. Minors who appeared in Facebook photos can also submit claims through a parent or legal guardian.
How much money will I receive?
The final cash payment amounts have not yet been determined, but will be calculated based on how many valid claims are submitted. The settlement administrators estimate that eligible claimants may receive between $200-400 each, but the final amounts could be higher or lower depending on the total number of claims.
How can I file a claim?
If you believe you are eligible, you can file a claim by going to the Facebook Biometric Info Privacy Litigation website and submitting a claim form online or by mail. The deadline to file a claim online or by mail was September 23, 2022.
When submitting the claim form, you will need to provide your name, current U.S. mailing address, and email address or phone number. You may also be required to provide documentation showing proof that you lived in Illinois for at least 6 months between June 7, 2011 and September 23, 2022.
When will I receive my payment?
Eligible claimants will not receive their payments until later in 2023. The settlement administrators first need to process all claims and determine the final payment amounts per person. Payments will likely be issued in late 2023 via check or electronic deposit.
Updates on the timing of payments will be provided on the settlement website. Claimants may also opt to receive email updates about the status of payments.
What if I missed the claims deadline?
If you failed to submit a claim by the September 23, 2022 deadline, unfortunately you are no longer eligible to receive a payout from the settlement fund. The timeframe to submit claims cannot be extended beyond the stated deadline per the terms of the settlement agreement.
Can I opt out of the settlement?
The opportunity to opt out of the settlement has already passed. The deadline for class members to exclude themselves was September 22, 2022. If you did not submit an opt-out request prior to that date, you are bound by the terms of the settlement.
Where can I get more information?
If you have any other questions about the lawsuit settlement, you can contact the claims administrator by email at [email address] or by phone at [phone number]. You can also check for updates about the timing of payments on the settlement website at [settlement website URL].
Conclusion
The Facebook biometric data privacy settlement provides a chance for Illinois users to receive a cash payment as compensation for the unauthorized collection of facial recognition data. Those eligible who filed valid claim forms by the September 2022 deadline should get payments of an estimated $200-400 or more by the end of 2023. However, the time to opt out or file a claim has already passed, so class members who did not take these steps will be bound by the terms of the $650 million settlement.
Key Facts About the Facebook Lawsuit Settlement
Here is a quick reference table summarizing some of the key details about the Facebook biometric data privacy class action settlement:
| Settlement Fund Amount | $650 million |
|---|---|
| Estimated Individual Payment | $200-400 per person |
| Eligible Class Members | Facebook users located in Illinois for whom Facebook created and stored a face template after appearing in a photo on Facebook after June 7, 2011 |
| Claims Deadline | September 23, 2022 |
| Opt-Out Deadline | September 22, 2022 |
| Payment Distribution Timeline | Late 2023 |
This quick reference table summarizes some of the most important details about the Facebook biometric data privacy settlement, including who is eligible, the deadlines that have passed, and when payments are expected to be issued. Refer to the settlement website and claim administrator for further information.
Background on the Facebook Biometric Data Lawsuit
The settlement stems from a class action lawsuit filed in Illinois in 2015 alleging that Facebook’s facial recognition technology practices violated the Illinois Biometric Information Privacy Act (BIPA). The plaintiffs claimed that Facebook illegally obtained and stored biometric data from photos without users’ consent.
Specifically, the lawsuit took issue with Facebook’s “Tag Suggestions” tool, which scanned faces in users’ photos and created unique face templates in order to recommend friends to tag. The lawsuit alleged this practice allowed Facebook to harvest millions of biometric identifiers without permission.
Under Illinois’ BIPA, companies are prohibited from collecting, storing and using biometric data – which includes face templates – without informed written consent. BIPA also requires companies to have retention and destruction policies for biometric data. The law provides for damages of $1,000 to $5,000 for each intentional or reckless violation.
Facebook initially fought the claims but later agreed to the $650 million settlement in 2021 after the U.S. Supreme Court declined to hear the company’s appeal regarding the class action status of the case. Facebook has denied any wrongdoing.
The Plaintiffs’ Claims
According to the lawsuit, Facebook started using facial recognition technology in 2010 to analyze photos uploaded by users in order to create and store face templates. Whenever a user uploaded a new photo, Facebook’s technology automatically scanned the faces and checked them against the face templates of the user’s friends to suggest tagging people in the photo.
The plaintiffs claimed this amounted to the collection and storage of biometric identifiers without consent, violating BIPA. They pointed out that Facebook did not provide any notice, disclosure or obtain consent from users before implementing the face scanning and tagging technology.
Plaintiffs also asserted Facebook did not have retention limits or guidelines for permanently destroying biometric data. They argued Facebook’s practices recklessly or intentionally disregarded users’ legal privacy rights under BIPA.
The Plaintiffs’ Demands
Due to Facebook’s alleged BIPA violations, the plaintiffs sought the following relief as part of the class action lawsuit:
- At least $5,000 in damages for each intentional or reckless violation by Facebook, and $1,000 for each negligent violation
- A declaratory judgment stating that Facebook violated BIPA
- An injunction requiring Facebook to make changes to comply with BIPA
Facebook’s Response
Facebook initially tried to get the lawsuit dismissed on various grounds. The company argued:
- Plaintiffs failed to prove any concrete injury
- BIPA only applies when companies collect biometric data intentionally
- Facebook users consented by agreeing to the site’s terms of service
- Facebook’s practices were covered by the First Amendment
A district court rejected Facebook’s arguments in 2018. On appeal, the Ninth Circuit held that violations of BIPA do not require proof of concrete injury. The Supreme Court later declined to hear Facebook’s appeal of the class certification issue in 2021, leading Facebook to agree to the $650 million settlement.
Facebook’s Response to the Settlement
While agreeing to settle, Facebook claimed it has always disclosed its use of facial recognition technology in its data policy and Help Center. The company noted the technology provides an important benefit by allowing users to know when they may appear in photos.
However, Facebook agreed to make changes as part of the settlement, including providing notice and obtaining consent for use of facial recognition. The company has also discontinued its Tag Suggestions tool.
The Settlement Approval Process and Claim Procedures
After Facebook agreed to settle the lawsuit in 2021, the settlement went through a detailed approval process before payments could begin. Here are some of the key steps along the way:
Preliminary Approval
In August 2021, a federal judge granted preliminary approval of the settlement terms after reviewing the proposed agreement. This allowed the claims and notification process to start while the court considered final approval.
Settlement Class Notifications
Starting in September 2021, Facebook provided notice of the settlement to potentially eligible Illinois users through email, pop-up notifications on Facebook, an industry media campaign, and creation of the settlement website. These notices explained the settlement terms and how to file a claim or opt-out request before the deadlines.
Claim Form Submission
To receive payment, class members had to submit valid claim forms along with supporting documentation to the claims administrator by mail or through the settlement website by September 23, 2022. The claim form required providing information such as name, address, and verification of Illinois residency.
Exclusion and Objection Period
Class members who wanted to opt out of the settlement had to submit written exclusion requests postmarked by September 22, 2022. Those who wanted to object to the settlement terms were required to file objections with the court by the same date.
Final Approval Hearing
On September 28, 2022, the court held a final approval hearing to assess whether the settlement was fair, adequate and reasonable. The judge gave final approval to the settlement on November 10, 2022.
Distribution of Benefits
With the settlement now finally approved, the claims administrator can begin processing claims and determining final payment amounts. Checks or electronic payments will be issued to eligible claimants without any further action required in late 2023.
Important Dates and Deadlines
Here is a timeline of the key dates and deadlines associated with the Facebook biometric data settlement approval process and claims procedures:
| Date | Event |
|---|---|
| August 2021 | Preliminary approval granted |
| September 2021 | Notice campaign to class members begins |
| September 23, 2022 | Claim form submission deadline |
| September 22, 2022 | Exclusion/objection deadline |
| September 28, 2022 | Final approval hearing held |
| November 10, 2022 | Court grants final approval |
| Late 2023 | Settlement benefits distributed to eligible claimants |
This timeline provides an overview of when the major milestones occurred in the Facebook settlement approval and administration process. Key dates included the preliminary approval in August 2021, the claims and opt-out deadlines in September 2022, and the final approval in November 2022 paving the way for payments in late 2023.
The Lawyers Representing the Class
The Illinois Facebook users who sued were represented by several law firms who worked together on a contingency basis. Working on a contingency means the attorneys would only receive fees if they won the case. The law firms included:
Edelson PC
Edelson PC is a Chicago-based law firm that focuses on class action lawsuits involving privacy violations, consumer fraud, and tech abuse issues. Attorney Jay Edelson is regarded as a leader in privacy class action cases in the tech sector. He has led major privacy lawsuits against companies like Facebook, Google, Apple and TikTok. Edelson PC has secured some of the largest consumer data settlements in history.
Robbins Geller Rudman & Dowd LLP
Robbins Geller Rudman & Dowd LLP is a 200+ attorney firm headquartered in San Diego that specializes in representing plaintiffs in class action suits and complex litigation. Their attorneys have helped recover over $100 billion for investors and consumers. Firm partner Paul Geller is the co-chair of Robbins Geller’s privacy and data breach litigation practice.
Labaton Sucharow LLP
With offices in New York, Delaware and Washington DC, Labaton Sucharow LLP exclusively represents plaintiffs in class action and complex litigation cases. Their attorneys have served as lead counsel in major securities, antitrust, consumer protection and cybersecurity cases. Partner Michael Canty leads Labaton Sucharow’s consumer protection litigation practice.
Fees and Expenses
Under the settlement terms, the law firms were permitted to request up to 20% of the $650 million fund as compensation for attorney fees, plus reimbursement of litigation expenses. In November 2022, the court awarded the attorneys just over $97 million in fees and $915,000 in expenses for their work on the case.
Impact of the Settlement
The settlement against Facebook could have wide implications going forward. Here are some of the key effects it may have:
Stronger Protections for Biometric Privacy
By holding Facebook accountable, the settlement underscores Illinois’ strong biometric privacy law protecting facial recognition data. It sends a message that any company capturing or using biometric data without consent faces serious legal and financial consequences.
Increased Transparency Around Facial Recognition
The lawsuit and settlement have focused public attention on the use of facial recognition technology by social media platforms. It compels tech companies like Facebook to be more open and transparent about how facial recognition data is captured and applied.
More User Control Over Biometric Data
Following the lawsuit, Facebook updated its photo tagging system to be opt-in only and added controls allowing users to disable facial recognition features. The changes give users greater say over how their biometric data is collected and stored.
Potential for Additional Litigation
The success of the case against Facebook sets a template for similar privacy lawsuits against tech companies violating biometric data laws. Following the settlement, TikTok paid $92 million to settle BIPA claims over its own use of facial recognition technology.
Pressure for Stricter Federal Privacy Legislation
The Facebook settlement highlights the limited protections for biometric data under federal law. Only a handful of states have laws like Illinois’ BIPA. The case could build momentum for enacting tougher nationwide standards.
In summary, the landmark Facebook biometric data settlement empowers users in safeguarding their facial recognition information and may lead to stronger biometric privacy laws across the U.S.