If you are an Illinois resident who filed a claim in the Facebook biometric privacy class action lawsuit, you may be wondering when you will receive your settlement payment. This massive $650 million settlement was reached in 2020 after Facebook was accused of violating Illinois’ Biometric Information Privacy Act (BIPA) by collecting facial recognition data from users without consent. Now that the settlement has been approved by a federal judge, the claims process is underway and checks are starting to go out.
The Timeline for Settlement Payments
Here is a look at the current timeline for when settlement payments are expected to be issued to eligible class members in Illinois:
- Claims Deadline: The deadline to file a claim in the Facebook BIPA settlement was November 23, 2020.
- Claims Review: The settlement administrator is currently reviewing all claim forms that were submitted to validate eligibility. Incomplete or ineligible claims are being denied.
- Appeals Deadline: There was a deadline of October 11, 2022 for claimants to appeal if their claim was denied. All appeals must have been submitted by this date.
- Final Approval: With the appeals process completed, the settlement can now move to final approval. The settlement administrator is expected to provide a final list of approved claims to Facebook by December 2022.
- Payments Issued: Once the final approval is granted, settlement checks are expected to start going out. Payments could start being issued as early as January 2023.
The settlement administrator will mail paper checks to all approved claimants based on the contact information provided on claim forms. Payments are expected to be issued in waves, so it may take some time for all checks to reach class members. Those who submitted claims will need to wait patiently over the coming months for their settlement checks to arrive.
Settlement Payment Amounts
The settlement fund provides a total of $650 million to pay valid claims, attorney fees, litigation costs, and administrative expenses. Not all claimants will receive the same amount in settlement compensation. Payment amounts are based on the number of eligible claims filed and the tier level each claimant falls under based on alleged violations of BIPA.
Here are the basic payment tiers and amounts:
- Tier 1 (App Users): Up to $200 per person. This tier includes Facebook app users as of June 7, 2011 who had face templates stored but no tag suggestions.
- Tier 2 (Tag Suggestions): Up to $400 per person. This tier includes users who had face templates stored and tag suggestions generated after June 7, 2011.
- Tier 3 (New Illinois Users After Tag Suggestions): Up to $200 per person. This tier includes Facebook users in Illinois who first signed up after tag suggestions were available.
Within each tier, individual payment amounts may be adjusted higher or lower depending on the total number of valid claims. If the claims pool exceeds the amount of funds available, payments could be reduced pro rata. Conversely, if there are excess funds after all claims and fees are paid, settlement class members could receive supplementary payments to compensate up to the full tier amounts.
Requirements to Receive Payment
To qualify for a settlement payment, you must have lived in the state of Illinois for a period of at least 183 days (6 months) and must have had a Facebook account at any time between June 7, 2011 and the date of settlement approval. Additionally, you must have your biometric data (face template) stored by Facebook after June 7, 2011.
You are not eligible for a payment if you are:
- A Facebook employee or contractor who had face template data stored related to internal testing.
- A judge or magistrate presiding over the case.
During the claims process, you were required to provide your full name and contact information, verify the number of months you were an Illinois resident between 2011 and now, and indicate whether you had an active Facebook account and tag suggestions turned on. This information was used to validate eligibility and determine appropriate settlement tiers and payment amounts.
When to Expect Your Check
Trying to pinpoint exactly when you will receive your payment is difficult since checks are being mailed in waves. Here is an estimate of when checks may be issued based on the timeline discussed above:
- January 2023: Earliest potential payments (though possibly just a small initial wave)
- February to March 2023: Larger waves of payments expected
- April to June 2023: Remaining checks issued
- July 2023: Final payment deadline per the settlement terms
The best thing to do is be patient and wait for your check to arrive sometime in the first half of 2023. If you have not received payment by mid-2023, you may want to contact the settlement administrator.
Reissuing Lost or Misdirected Checks
Sometimes settlement checks can get lost or misdirected in the mail. The settlement administrator will make reasonable efforts to find new addresses and reissue payments when checks are returned as undeliverable. However, you should contact the settlement administrator promptly if your check is not received within a reasonable timeframe.
The administrator may request that you complete a lost check declaration to have a replacement check reissued. There will be a deadline by which you need to request reissuance – likely in late 2023. So if you have not gotten your money within 6-9 months of the initial payments going out, be sure to reach out.
Tax Implications
The settlement payments are considered non-wage compensation for alleged violations of statutory rights under BIPA. Therefore, the money will constitute taxable income for the year in which payments are received.
The settlement administrator will issue 1099 tax forms to all class members who receive a payment of $600 or more. You should consult a tax professional about how to properly report settlement income on your state and federal taxes.
Conclusion
Illinois Facebook users who filed valid claims in the BIPA class action settlement can expect to receive their payments sometime in 2023. The claims administrator is working to finalize the list of approved claimants and will then issue checks in waves over the coming months. While an exact date is not available, remaining patient as the process unfolds is the best approach. If you have not gotten your check within 6-9 months of initial disbursements, reach out to the settlement administrator promptly to request a reissued payment if needed.