All questions should be directed to the Claims Administrator.
Jonathan Jaffe represents plaintiffs on behalf of approximately 150 million putative class members against Facebook for the misappropriation of users’ names and likenesses in advertisements called “Sponsored Stories”. Plaintiffs have reached a settlement that the Court has preliminarily approved. Facebook users in the United States who have appeared in Sponsored Stories advertisements before December 3, 2012, may file a claim.
Jonathan Jaffe represents plaintiffs on behalf of approximately 150 million putative class members against Facebook for the misappropriation of users’ names and likenesses in advertisements called “Sponsored Stories”. Plaintiffs have reached a settlement that the Court has preliminarily approved. Facebook users in the United States who have appeared in Sponsored Stories advertisements before December 3, 2012, may file a claim.
Settlement Q&A
- How do I file a claim?[+]A court-approved third-party handles all claims for the settlement. You can file a claim online at www.FraleyFacebookSettlement.com.
- What is the Action about?[+]The Action claims that Facebook unlawfully used the names, profile pictures, photographs, likenesses, and identities of Facebook users in the United States to advertise or sell products and services through Sponsored Stories without obtaining those users’ consent. Facebook denies any wrongdoing and any liability whatsoever. No court or other entity has made any judgment or other determination of any liability.
- What is a Sponsored Story?[+]Sponsored Stories are a form of advertising that typically contain posts which appear on facebook.com about a Facebook user or entity that a business, organization, or individual has paid to promote so there is a better chance that the posts will be seen by the user or entity’s chosen audience. Sponsored Stories may be displayed, for example, when a Facebook user interacts with the Facebook service in certain ways, such as by clicking on the Facebook “Like” button on a business’s, organization’s or individual’s Facebook page. Sponsored Stories typically include a display of a Facebook user’s Facebook name (i.e., the name the user has associated with his or her Facebook account) and/or profile picture (if the user has uploaded one) with a statement describing the user’s interaction with the Facebook service, such as “John Smith likes UNICEF,” “John Smith played Farmville,” or “John Smith shared a link.”
- What relief does the Settlement provide?[+]Injunctive Relief
- Notice[+]Facebook must create a mechanism that will allow Class Members to view, on a going-forward basis, the subset of their interactions and other content on Facebook that have been displayed in Sponsored Stories (if any).
- Control[+]Facebook must develop settings that will allow Class Members to prevent particular items or categories of content or information related to them from being displayed in future Sponsored Stories.
- Terms[+]Facebook must revise its terms of service (known as the “Statement of Rights and Responsibilities”) to more fully explain the instances in which Class Members agree to the display of their names and profile pictures in connection with Sponsored Stories.
- Parental Notice and Control[+]Facebook must provide parents and legal guardians of Minor Subclass Members with additional information about how advertising works on Facebook in its Family Safety Center (currently available at https://www.facebook.com/safety/groups/parents/) and provide parents and legal guardians of Minor Subclass Members with additional tools to control whether their children’s names and profile pictures are displayed in connection with Sponsored Stories.
Facebook must also encourage new users, upon or soon after joining Facebook, to include their family in their profile information, including their parents and children. Where both a parent and a minor child are users and confirm their relationship, Facebook will provide parents of Minor Subclass Members with certain additional educational information and tools to control whether their children’s names and profile pictures are displayed in connection with Sponsored Stories. - Minors' Notice and Control[+]Facebook must add a control in Minor Subclass Members’ timelines that enables each Minor Subclass Member to indicate that his or her parents are not Facebook users. Where a Minor Subclass Member indicates that his or her parents are not on Facebook, Facebook will make the minor ineligible to appear in Sponsored Stories until he or she reaches the age of 18, until the minor changes his or her setting to indicate that his or her parents are on Facebook, or until a confirmed parental relationship with the minor user is established.
- Education[+]Facebook must make a good faith effort to work with Class Counsel to identify and clarify educational or other information on the Facebook website about how advertising works on Facebook.
Monetary Relief- Up to $10[+]Facebook will pay $20 million into a fund that can be used, in part, to pay claims of Class Members (including Minor Class Members) who appeared in a Sponsored Story. Each participating Class Member who submits a valid and timely Claim Form may be eligible to receive up to $10. The amount, if any, paid to each Authorized Claimant depends upon the number of claims made and other factors detailed in the Settlement Agreement. No one knows in advance how much each Authorized Claimant’s share will be or whether any money will be paid directly to Authorized Claimants.
If the number of claims made renders it economically infeasible to pay money to Authorized Claimants, payment will be made to the not-for-profit organizations identified on the Settlement Website at www.fraleyfacebooksettlement.com. These organizations are involved in educational outreach that teaches adults and children how to use social media technologies safely, or are involved in research of social media, with a focus on critical thinking around advertising and commercialization, and particularly with protecting the interests of children.
- How do I learn more?[+]Detailed information on the settlement, all deadlines, and an explanation of the claims process can be found at www.FraleyFacebookSettlement.com.