Shutterfly Illinois Biometric Privacy $6.75M Class Action Settlement

UPDATE 2:

• Top Class Actions viewers reported this settlement paying out up to $156.58 as of Oct. 25, 2021.
• Congratulations to everyone who filed a claim and got paid!

UPDATE:

• The Court granted final approval to this class action settlement Sept. 9, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

A $6.75 million settlement has been reached in a Shutterfly class action lawsuit filed by certain Illinois consumers who say they appear in photos on the site in violation of the Illinois Biometric Information Privacy Act (BIPA).

The Class includes Illinois residents who appear in a photograph maintained on Shutterfly at any time between June 11, 2014, and the date of final approval of the settlement, currently set for Sept. 8, 2021. 

The plaintiff in a class action lawsuit claimed Shutterfly violated BIPA by obtaining, collecting, and storing Class Members’ biometric data using facial recognition software without their prior notice or consent.

Shutterfly denies all allegations of wrongdoing.

The company prints photo books, gifts, home décor, cards, and stationery using customers’ own images.

Payments to Class Members will be issued after attorneys’ fees, settlement administration expenses, and other deductions are made from the settlement fund.

Class Members’ individual payments will depend on how many valid claims are filed.

In addition to the monetary relief, Shutterfly will provide a notice to Class Members the company can reasonably identify as Shutterfly account holders. The notice will disclose the biometric data collected for the service’s Face Grouping, the purpose of such data collection, and the length of the term of collection, and will let Class Members know how to choose whether to set the Face Grouping feature on or off.

And finally, the company will publish a supplemental retention schedule and guidelines for permanent destruction of Face Grouping data for Illinois Shutterfly users within three years of their last interaction with Shutterfly.

Class Members in the Shutterfly class action lawsuit were sent settlement notices; however, those who did not receive a notice by email or U.S. mail but believe they belong to the Class may also submit a claim form.

A final approval hearing in the Shutterfly settlement is scheduled to take place Sept. 8, 2021.

The deadline to request to be excluded from the settlement, or to object to it, is Aug. 16, 2021.

The deadline to file a claim is Sept. 14, 2021.

Who’s Eligible

Illinois residents who appear in a photograph maintained on Shutterfly at any time between June 11, 2014, and the date of final approval of the settlement, currently set for Sept. 8, 2021. 

Potential Award

Varies.

• Class Members’ individual payments will depend on how many valid claims are filed.

Proof of Purchase

No proof of purchase is required.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

09/14/2021

Case Name

Vernita Miracle-Pond, et al. v. Shutterfly Inc., Case No. 2019-CH-07050 in the Circuit Court of Cook County, Illinois

Final Hearing

09/08/2021

Settlement Website

ShutterflyBIPASettlement.com

Claims Administrator

Miracle-Pond, et al. v. Shutterfly, Inc.
PO Box 3395
Baton Rouge, LA 70821
1-833-760-0656
info@ShutterflyBIPASettlement.com

Class Counsel

AHDOOT & WOLFSON PC
CAREY RODRIGUEZ MILIAN LLP
CARLSON LYNCH LLP

Defense Counsel

MAYER BROWN LLP