Important Update: Final Approval Granted
The Court issued its Order Granting Motion for Final Approval of Settlement Agreement on August 26, 2013, and the Final Judgment on September 19, 2013, both of which can be viewed under the Court Documents menu above. All appeals have been resolved and distribution of settlement awards will occur by November 17, 2016.
Overview of the Proposed Settlement
Fraley, et al. v. Facebook, Inc., et al., Case No. CV-11-01726 RS
If you or your child have or have had a Facebook account and a Facebook Sponsored Story featured your or your child’s name or profile picture, you or your child may be a “Class Member” in a class action lawsuit (the "Action").
Sponsored Stories are a form of advertising that typically contain posts which appear on facebook.com about or from 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. For more information about Sponsored Stories, please review the Notice.
A class action lawsuit against Facebook, Inc. ("Facebook") claimed that Facebook unlawfully used Class Members’ names, profile pictures, photographs, likenesses, and identities to advertise or sell products and services through Sponsored Stories, without obtaining Class Members’ 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 Relief Does the Settlement Provide to Class Members?
Facebook has agreed to:
- Pay $20 million into a fund that can be used, in part, to pay claims of Class Members (including Minor Subclass Members) who appeared in a Sponsored Story. Each participating Class Member may be eligible to receive up to $10. The amount, if any, paid to each Authorized Claimant depends upon the number of claims made. No one knows in advance how much each Authorized Claimant will receive, 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 persons who make a timely and valid claim, payment will be made to the not-for-profit organizations identified in Section 7 of the Notice. 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.
- Revise its terms of service (known as the “Statement of Rights and Responsibilities”) relating to Sponsored Stories.
- Give users (and minor users’ parents or legal guardians) additional information about and control over the use of their (and their children’s) names and profile pictures in Sponsored Stories.
For a complete description of Settlement benefits, please see Section 7 in the FAQ section of this website.
What Are My Options?
|This was the only way to be eligible to receive a payment, if the Court orders payment to Class Members.||Deadline:
May 2, 2013
|EXCLUDE YOURSELF||This was the only option that allowed you to retain the ability to file your own lawsuit about the legal claims in this case.||Deadline:
May 2, 2013
|OBJECT||You had the option to write to the Court about why you wished to object to (i.e., don’t like) the Settlement and think it shouldn’t be approved.||Deadline:
May 2, 2013
|GO TO THE "FAIRNESS HEARING"||The Court held a “Fairness Hearing” on June 28, 2013, at 10:00 a.m. to consider the Settlement, the request for attorneys’ fees and expenses of the lawyers who brought the Action (“Class Counsel”), and the class representatives’ request for service awards for bringing the Action. You could have, but were not required to, speak at the Fairness Hearing about any Objection you filed, if you had done so. If you intended to speak at the Fairness Hearing, you must have followed the procedures set forth in the Notice when you served your Objection.||Hearing Date:
June 28, 2013
at 10:00 a.m.
|DO NOTHING||You will not receive a payment, even if the Court orders payment to Class Members. You will also be giving up your right to bring your own lawsuit related to the claims in the Action. You may be eligible to receive the non-monetary benefits of the Settlement, if the Settlement is finally approved.||No deadline|
Please consult the Notice for more details on the Settlement.
The Court in charge of this Action has approved the Settlement, however, appeals have been filed. Relief to Class Members will be provided only after the appeals are resolved in favor of the Settlement. Please be patient.