Settlement payments to class members have commenced on May 9, 2022. It will take about two weeks to finish mailing the checks and processing the electronic payments. If you are expecting a payment but haven't yet received it, we ask that you wait until mid-June before making an inquiry.
Settlement payments to class members have commenced on May 9, 2022. It will take about two weeks to finish mailing the checks and processing the electronic payments. If you changed your address recently and have not received payment by mid-June, feel free to email us at [email protected]. Please include your Claim Number as well as your current address.
Failed electronic payments will be re-issued as checks on or around July 1, 2022. Settlement payments to class members have commenced on May 9, 2022. It will take about two weeks to finish mailing the checks and processing the electronic payments. If you are expecting a payment but haven't yet received it, we ask that you wait until mid-June before making an inquiry.
If you changed your address recently, please email us at [email protected]. Please include your Claim Number.
Facebook users in Illinois sued Facebook claiming that its “Tag Suggestions” feature and other features involving facial recognition technology violated the Illinois Biometric Information Privacy Act (or “BIPA”). That law says companies can’t collect, store, or give out “biometric data,” which includes things like face or fingerprint scans, without first giving notice and getting consent. This case alleges that Facebook used facial recognition technology to create face templates—unique templates that can be used to identify users in photos—that these templates are covered by BIPA, and that Facebook did this without the proper notice and consent. Facebook denies all allegations of wrongdoing and liability.
In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. These people together are a “Class” or “Class Members.” One court resolves the issues in the case for everyone in the Class–except for those people who choose to exclude themselves from the Class. In this case, the Court appointed Nimesh Patel, Adam Pezen, and Carlo Licata as the Class Representatives. These individuals are each from Illinois and claim that they had face templates created and stored by Facebook.
Facebook and the Class Representatives spent more than five years in Court fighting this case. Shortly before trial, both sides agreed to a settlement. The Settlement gives Class Members guaranteed payments now whereas in a trial, Class Members might get nothing or might get payments only years from now. Because there is a settlement, the Court has not decided who should win the case.
The Court decided that all people who fit this definition are included in the Class: “Facebook users located in Illinois for whom Facebook created and stored a face template after June 7, 2011.”
To receive money under the Settlement, you must have lived in the State of Illinois for a period of at least 183 days (or 6 months) after June 7, 2011. Time spent traveling or taking a vacation outside Illinois can be included in this time period and does not make you ineligible.
Facebook’s records were used to identify certain Class Members who should have received Notice through email or on Facebook. If you didn’t get a Notice and think you’re included, you might be part of the Class if you are a current or former Facebook user in Illinois who uploaded a photograph of yourself or were “tagged” in a photograph on Facebook after June 7, 2011. Not everybody in Illinois who uses Facebook is included. If photographs of you that were uploaded to Facebook (by yourself or others) after June 7, 2011 did not result in the creation of a face template while you lived in Illinois, you are not part of the Class.
Some users are excluded because they work for Facebook or are related to the judges or lawyers in the case. The Settlement Agreement has a list of the categories of people who are excluded. Of course, users who request to be excluded aren’t included either.
If you are still not sure whether you are included, you can get free help on this website or by calling the Settlement Administrator at 1-844-799-2417. Please do not contact the Court or Facebook.
Facebook will pay $650 million to settle this case. That money will go into a “Settlement Fund” to pay for everything related to the Settlement. Most of the money will go to Class Members who submit valid Claim Forms. The rest will be used to pay the costs of notifying people about the Settlement, the lawyers’ fees, awards to the Class Representatives who helped bring the lawsuit, and certain taxes.
Facebook will also turn “off” its Face Recognition feature for most Class Members. If those Class Members don’t turn Face Recognition back on, Facebook will delete all existing face templates for those users.
Some Class Members who already turned Face Recognition back “on” for themselves, including Class Members who recently signed up for Facebook, won’t have their Face Recognition setting turned off.
Finally, Facebook will delete any face templates of any Class Members who have had no activity on Facebook for a period of three years.
Payments will be $397.00.
The deadline to file a claim was on November 23, 2020 and has now passed.
The Court has appointed the law firms of Edelson (1-866-354-3015), Robbins Geller (1-800-449-4900), and Labaton Sucharow (1-888-219-6877) to represent you and all Class Members. These firms are called “Class Counsel.” The law firms are experienced in handling similar class action cases. More information about Edelson, Robbins Geller, and Labaton Sucharow, their practices, and their lawyers’ experience is available at www.edelson.com, www.rgrdlaw.com, and www.labaton.com.
They believe, after fighting with Facebook in Court for several years, that the Settlement Agreement is fair, reasonable, and in the best interests of the Class. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.
The Notice summarizes the proposed Settlement. More details are in the Stipulation of Class Action Settlement, in the Court’s orders, and other relevant documents, which are available here.
You can also get information about this case by accessing the Court docket, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at www.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, San Francisco Courthouse, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
You may also contact the Settlement Administrator at 1-844-799-2417 or write to In re Facebook Biometric Information Privacy Litigation Settlement Administrator, P.O. Box 43401, Providence, RI 02940-3401, or call Class Counsel Edelson (1-866-354-3015), Robbins Geller (1-800-449-4900), and Labaton Sucharow (1-888-219-6877).
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE
TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
All questions regarding the Settlement or claims process should be directed to the Settlement Administrator or to Class Counsel.
Yes. Please provide the following and mail the information to the address below:
In re Facebook Biometric Information Privacy Litigation Settlement Administrator
P.O. Box 43401
Providence, RI 02940-3401