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InstagramLawsuit

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Executive Summary

A federal judge approved a $650 million class-action settlement under the Illinois Biometric Information Privacy Act (BIPA) for Facebook's 'Tag Suggestions' facial recognition feature, which operated across both Facebook and Instagram. The feature collected biometric faceprint data from approximately 1.6 million Illinois users without obtaining the written consent required by BIPA.

What Happened

On February 26, 2021, U.S. District Court Judge James Donato granted final approval for a $650 million class-action settlement against Facebook for alleged violations of Illinois' Biometric Information Privacy Act. The lawsuit, filed in 2015, alleged that Facebook's 'Tag Suggestions' feature collected and stored digital scans of users' faces without obtaining the required notice or written consent. The settlement amount was increased by $100 million from the original $550 million proposal after the judge questioned whether the initial amount was sufficient.

Who Is Affected

Approximately 1.6 million Facebook users in Illinois are affected by this settlement. Each class member who submitted a claim is expected to receive at least $345 in compensation. The case achieved a claims rate of approximately 22%, significantly higher than the typical 4% to 9% for consumer class actions and the 1% to 2% typical for privacy settlements.

Why It Matters

This settlement represents one of the largest ever for a privacy violation and sets what the judge called a 'new high bar for privacy-related settlements.' The case establishes a new model for privacy settlements by focusing on direct compensation to affected individuals rather than nominal payouts, with the judge emphasizing that what matters most is how many people receive compensation and how much they receive. The settlement demonstrates that biometric privacy laws like BIPA can result in substantial financial consequences for technology companies.

AI-Assisted

Event summaries are generated by Claude AI from verified sources and reviewed by humans before publication.

A federal judge approved a $650 million class-action settlement under the... — Instagram | PrivacyWire