Illinois Facebook biometric privacy class action settlement

Updates:

• Readers reported this settlement paying out $397 as of May 9, 2022. Readers also reported smaller payouts of $30.61 as of March 8, 2023, and of $7.20 as of late October 2023.
• Congratulations to everyone who filed a claim and got PAID!

• On March 17, 2022, the 9th Circuit Court of Appeals affirmed the Facebook settlement.
• It is not known at this time how quickly payments will be issued.

• Multiple appeals to the settlement have been filed. Claims will not be paid until all appeals are exhausted.
• We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.

• The Illinois Facebook Biometric Privacy Class Action Settlement was granted final approval on Feb. 26, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Facebook users may be able to benefit from a $650 million class action settlement fund resolving Illinois Biometric Information Privacy Act (BIPA) violation claims. Individuals who file a valid claim may be able to recover cash payments of between $200 and $400.

The settlement deal benefits Facebook users in Illinois for whom Facebook created and stored a “face template” since June 7, 2011. Eligible users must have lived in Illinois for at least six months.

Facebook users argued that the social media giant had unlawfully stored their valuable biometric data through “face templates.” These profiles allegedly helped users tag photos with suggested matches – but the Facebook privacy class action lawsuit said that the service hinged on unlawful actions.

According to the Facebook users, these face templates violated BIPA.

BIPA aims to protect Illinois residents from fraud in connection with their face scans, fingerprint scans and other biometrics. The law includes several requirements businesses must follow when collecting, storing or sharing this data.

After more than five years of litigation, Facebook has agreed to resolve users’ claims with a $650 million privacy settlement. The deal does not assign any wrongdoing to Facebook but allows all parties in the case to resolve the claims without the risk or cost of a trial.

The original terms of the settlement would have provided $550 million in benefits. However, this deal was later revised after U.S. District Judge James Donato questioned the true value of the deal.

“You are all fond of telling me this is a record-breaking settlement and that may be,” Judge Donato told attorneys for both parties. “But I want to see a record-breaking claims rate as well.”

After the deal was revised, Judge Donato signed off on the settlement terms.

Under the terms of the settlement, Facebook has agreed to turn off its facial recognition feature for most Class Members. These Facebook users have the ability to turn the service back on. However, if they choose not to, Facebook has agreed to delete all existing face templates for the users.

In addition to injunctive relief, the Facebook users privacy settlement will provide cash payments to consumers estimated to be between $200 and $400 per person. Exact payments will depend on the number of valid claims filed and the amount deducted from the settlement fund for fees, costs and other awards.

In order to benefit from the Facebook privacy settlement, Class Members must file a valid claim form by Nov. 23, 2020. An email address or telephone number associated with a Facebook user’s account is required to file a claim, but Facebook’s records will be used to verify claims.

The deadline for exclusion and objection is Nov. 23, 2020. The final approval hearing for the Facebook users’ privacy settlement is Jan. 7, 2021.

Who’s Eligible

Facebook users in Illinois for whom Facebook has created and stored a “face template” since June 7, 2011. Eligible users must have lived in Illinois for at least six months.

Potential Award

Cash payments of between $200 and $400.

Exact payments will depend on the number of valid claims filed and the amount deducted from the settlement fund for fees, costs and other awards.

Proof of Purchase

An email address or telephone number associated with a Facebook user’s account is required to file a claim.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

11/23/2020

Case Name

In re: Facebook Biometric Information Privacy Litigation, Case No. 3:15-cv-03747-JD, in the U.S. District Court for the Northern District of California

Final Hearing

01/14/2021   UPDATED

Settlement Website

www.FacebookBIPAClassAction.com

Claims Administrator

In re Facebook Biometric Information Privacy Litigation Settlement Administrator
c/o Gilardi & Co LLC
P.O. Box 43401
Providence, RI 02940-3401
1-844-799-2417

Class Counsel

Michael P. Canty
Corban S. Rhodes
LABATON SUCHAROW LLP

Paul J. Geller
ROBBINS GELLER RUDMAN & DOWD LLP

Jay Edelson
Benjamin Richman
Alexander G. Tievsky
Rafey Balabanian
Lily Hough
EDELSON PC

Defense Counsel

Michael G. Rhodes
Whitty Somvichian
COOLEY LLP

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