In July 2022, Facebook agreed to pay $725 million to settle a class action lawsuit over allegations that it illegally collected and stored biometric data from users without consent. The settlement provides payments to more than 1.6 million Facebook users in Illinois who appeared in a photo on the platform between 2011 and 2015.
If you’re a class member who lives in Illinois, you may be eligible for a portion of this historic settlement. Here’s what you need to know about the case, who’s eligible, and how to file a claim.
The Facebook Biometric Privacy Lawsuit
The lawsuit alleges that Facebook violated Illinois’ Biometric Information Privacy Act (BIPA) by using facial recognition technology to extract biometric data from photos uploaded by users without obtaining explicit consent.
Illinois’ BIPA requires companies to obtain consent before collecting biometric information like face prints and outlines strict storage and deletion policies. The law also gives individuals the right to sue companies over violations.
The class action lawsuit was originally filed in 2015. In January 2022, both parties agreed to the $725 million settlement amount. The settlement was granted preliminary approval in February 2022.
Who is Eligible to File a Claim?
You may qualify for a payment if you appear in a photo that was uploaded to Facebook from Illinois between June 7, 2011 to September 30, 2015 and:
- Facebook created and stored a face template (or face print) based on your photo
- You were a resident of Illinois for at least 183 days (6 months) during the same time period
- You were not employed by Facebook at the time
You’re likely eligible if you lived in Illinois and appeared in photos posted on Facebook during this timeframe. This includes photos you were tagged in, photos another user posted of you, and photos you posted yourself.
How Much Money Can I Get?
The settlement has allocated at least $345 to each valid claimant, but you may receive up to $400 depending on the number of valid claims filed.
Here is a breakdown of the potential payment tiers:
| Number of Valid Claims | Payment Amount Per Claimant |
|---|---|
| 1,500,000 | $345 |
| 1,375,000 | $353 |
| 1,250,000 | $363 |
| 1,100,000 | $377 |
| 1,000,000 | $397 |
| 900,000 | $428 |
| 800,000 | $483 |
| 700,000 | $566 |
For example, if 1.1 million claims are approved, each person would receive approximately $377. The final cash payment amount per person will depend on the total number of valid claims filed.
How to File a Claim
To file a claim and receive payment from the settlement, you must complete and submit a valid Claim Form before the deadline on November 23, 2022.
There are a few ways to get a Claim Form:
- Online: facebookbipaclassaction.com
- Email: [email protected]
- Phone: 1-844-799-2417
- Mail: In re Facebook Biometric Privacy Litigation Settlement Administrator, P.O. Box 43401, Providence, RI 02940-3401
The Claim Form requires you to provide the following information:
- Your full name
- Current U.S. mailing address
- Contact information like email and phone number
- Facebook username or email/phone number associated with your account
- Duration you lived in Illinois from June 2011 – September 2015
- Image of a government-issued ID
- Signature confirming you are a class member
You must sign the Claim Form attesting that you meet the class member requirements and lived in Illinois for at least 6 months during the eligibility timeframe.
You can upload your completed Claim Form and supporting documents online or mail them to the Settlement Administrator. Claim Forms must be submitted online by 11:59 pm PT on November 23, 2022 or postmarked by November 23, 2022 if mailing.
Claim Form Supporting Documents
Along with the Claim Form, you must provide documentation showing you lived in Illinois for at least 6 months between June 2011 – September 2015. Acceptable supporting documents include:
- Illinois driver’s license
- Utility bills showing your Illinois address
- Bank statements showing transactions in Illinois
- Photos of you in Illinois with metadata timestamps
- School and medical records placing you in Illinois
- Voter registration or voting records from Illinois
- Vehicle registration, insurance cards, or title showing Illinois residency
- Tax records reporting an Illinois address
You must also provide a photocopy of a valid government-issued ID like a driver’s license, state ID, or passport. This will be used to verify your identity.
After You Submit a Claim
The Settlement Administrator will review all claims to ensure they are valid. You may be asked for additional information if your claim or documents are incomplete.
If the administrator determines you did not provide enough evidence showing 6 months of Illinois residency, your claim could be denied. You will be notified if your claim is rejected and given an opportunity to provide more documentation or request an appeal.
If your claim is approved, payments are expected to be mailed or electronically transferred starting in early 2023 after final settlement approval. Keep an eye on your email and mail for updates.
The settlement website will be updated with the final participation and payment amounts once all claims are reviewed and approved.
Important Settlement Dates
Here are some key dates and deadlines to be aware of:
- November 23, 2022 – Claim Form deadline
- January 2023 – Court final approval hearing
- Early 2023 – Payments start going out after court approval
- May 1, 2023 – Final deadline to cash payment checks
Make sure to file your completed Claim Form and supporting documents by November 23, 2022. Print out or download a copy of your Claim Form for your records.
What Happens if I Don’t File a Claim?
If you’re a class member but do not submit a valid Claim Form by the deadline, you will not receive a cash payment. However, you will still be legally bound by the court’s judgment and will release Facebook from liability for claims relating to facial recognition and illegal biometric data collection.
Not filing a claim means you are essentially giving up your right to sue Facebook separately over the allegations in this lawsuit.
Can I Sue Facebook Separately?
No. If the settlement becomes final, class members give up the right to sue Facebook separately for the same issues alleged in this lawsuit. This includes claims related to Facebook’s collection, storage and use of biometric data from photos without consent.
By participating in the settlement (even if you don’t file a claim), you will be releasing Facebook from liability. If you want to preserve your right to sue Facebook separately over biometric privacy violations, you must exclude yourself from the settlement class by submitting an opt-out request postmarked by November 23, 2022.
Getting Help with Your Claim
If you have any questions about the settlement, you can contact the Settlement Administrator by:
- Email: [email protected]
- Phone: 1-844-799-2417
- Mail: In re Facebook Biometric Information Privacy Litigation Settlement Administrator, P.O. Box 43401, Providence, RI 02940-3401
You can also call Class Counsel Edelson (866-354-3015), Robbins Geller (800-449-4900) and Labaton Sucharow (888-219-6877).
For the latest information and updates, visit the settlement website regularly.
Conclusion
The $725 million Facebook biometric privacy settlement provides a unique opportunity to receive a cash payment if you were an Illinois resident who appeared in photos on Facebook between 2011-2015.
Be sure to file a detailed Claim Form and supporting documents by November 23, 2022 to receive your share. If you don’t make a claim, you will lose the right to bring a separate lawsuit against Facebook over the use of your biometric data.
This historic settlement holds Facebook accountable for violations of Illinois’ strict biometric privacy law. The result provides meaningful relief to potentially millions of users nationwide. If you believe you’re eligible, take action now to obtain a portion of this record-setting fund.