Did you receive an email about a class action lawsuit against Facebook? There is in fact a real class action lawsuit contacting Facebook users, and we’ll go over some of the highlights here.
The Lawsuit
The class action lawsuit against Facebook is known as Fraley v. Facebook, Inc. and claims Facebook used member’s photos in “Sponsored Stories” without proper consent. The proposed settlement calls for Facebook to set up a $20 million fund which will pay members who were used in Sponsored Stories and who have joined the class action lawsuit.
Will I get paid?
Should you decide to join the class action lawsuit, you may receive up to $10. This depends on the settlement being approved and how many people join the lawsuit. The money will go to charity instead of the claimants if there are too many plaintiffs to make individual payments feasible, as the official website states:
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
The proposed settlement also provides that Facebook change its terms of service related to Sponsored Stories and give users greater control in opting out of this feature.
Scammers
We’ve heard a few reports of scammers trying to tap into the notoriety of the lawsuit by sending out fake emails similar to the real email being circulated. We’re still trying to obtain a copy of one of these fake emails. Be careful not to fall for an email asking for personal information or containing links to Facebook, as the official email will not do this. It’s best to go directly to fraleyfacebooksettlement.com if you want to enroll in the class action lawsuit. We’ve provided a link to the claim form below.
Bottom Line
The email is legit, but be aware of fake versions also being sent out. You only stand to get $10, and you may receive nothing at all. If you want to join the class action lawsuit, use the claim form found here.
The Email
Below is a copy of the email being sent out to millions of Facebook users. It comes from legalnotic?e ([email protected]) with a subject of Re: LEGAL NOTICE OF SETTLEMENT OF CLASS ACTION:
| NOTICE OF PENDING CLASS ACTION AND NOTICE OF PROPOSED SETTLEMENT | ||||||||||||||||||
| ANGEL FRALEY V. FACEBOOK, INC. | ||||||||||||||||||
| You are receiving this e-mail because you may have been featured in a “Sponsored Story” on Facebook prior to December 3, 2012. | ||||||||||||||||||
| A federal court authorized this Notice. This is not a solicitation from a lawyer. | ||||||||||||||||||
| Why did I get this notice? This Notice relates to a proposed settlement (“Settlement”) of a class action lawsuit (“Action”) filed against Facebook relating to a particular Facebook feature called “Sponsored Stories.” According to available records, you may be a “Class Member.” | ||||||||||||||||||
| 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 contains posts which appeared 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. Sponsored Stories may be displayed, for example, when a Facebook user interacts with the Facebook service (including sub-domains, international versions, widgets, plug-ins, platform applications or games, and mobile applications) 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? 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 claimant depends upon the number of claims made and other factors detailed in the Settlement. No one knows in advance how much each claimant will receive, or whether any money will be paid directly to 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 on the Settlement website at www.fraleyfacebooksettlement.com (if clicking on the link does not work, copy and paste the website address into a web browser). 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. | ||||||||||||||||||
| In addition to monetary relief, Facebook will (a) revise its terms of service (known as the “Statement of Rights and Responsibilities” or “SRR”) to more fully explain the instances in which users agree to the display of their names and profile pictures in connection with Sponsored Stories; (b) create an easily accessible mechanism that enables users 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); (c) develop settings that will allow users to prevent particular items or categories of content or information related to them from being displayed in future Sponsored Stories; (d) revise its SRR to confirm that minors represent that their parent or legal guardian consents to the use of the minor’s name and profile picture in connection with commercial, sponsored, or related content; (e) provide parents and legal guardians with additional information about how advertising works on Facebook in its Family Safety Center and provide parents and legal guardians with additional tools to control whether their children’s names and profile pictures are displayed in connection with Sponsored Stories; and (f) add a control in minor users’ profiles that enables each minor user to indicate that his or her parents are not Facebook users and, where a minor user 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. | ||||||||||||||||||
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| Your Class Member Number: 436352847 | ||||||||||||||||||
| To Parents and Guardians of Children on Facebook: The Settlement also involves the claims of minors featured in Sponsored Stories on Facebook. Please see the Settlement website for more information. | ||||||||||||||||||
| More information? For more information about the Settlement and how to take the actions described above, please visit www.fraleyfacebooksettlement.com (if clicking on the link does not work, copy and paste the website address into a web browser) or write to the Settlement Administrator at Fraley v. Facebook, Inc., Settlement, c/o GCG, P.O. Box 35009, Seattle, WA 98124-1009, or [email protected]. You may also contact Class Counsel, Robert S. Arns of the Arns Law Firm, by calling 1-888-214-5125 or by emailing [email protected]. | ||||||||||||||||||
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