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From Facebook Stories Class Action

For the fainthearted . . .

Another tired attempt at getting personal information from unwitting recipients.

CLASS ACTION FACEBOOK SPONSORED STORIES

LEGAL NOTICE: READ THIS CAREFULLY AS YOU MAY BE A MEMBER OF A CLASS ACTION LAWSUIT AGAINST FACEBOOK
You are receiving this notice because some of your Facebook activity may have been featured in a Facebook marketing product called “Sponsored Stories” (described below) between January 1, 2011 and May 30, 2014. As such, you may be a class member in a class action lawsuit filed in the Supreme Court of British Columbia against Facebook, Inc. by Deborah Douez of Victoria, B.C.

On May 10, 2018, the B.C. Court of Appeal decided that the lawsuit can proceed as a class action. Read the court’s judgement here.

The BC Supreme Court has directed that this notice be provided to all potential class members.
WHAT IS THE LAWSUIT ABOUT?
The plaintiff alleges that Facebook used class members’ names and portraits in a marketing product called “Sponsored Stories” (alleged by the plaintiff to be advertisements) without consent, in violation of the Privacy Acts of British Columbia, Saskatchewan, Manitoba, and Newfoundland and Labrador.

The plaintiff is asking the Court to order Facebook to pay damages to class members for Facebook’s alleged breach of the Privacy Acts. Payment is sought for the class as a whole without proof of individual loss. Any class members that do not opt out of this lawsuit (see below) will not be able to seek damages they allege to have personally sustained from Sponsored Stories beyond sums assessed for the class as a whole.
ARE YOU A CLASS MEMBER AND INCLUDED IN THE LAWSUIT?
The lawsuit was brought on behalf of all resident natural persons of British Columbia, Saskatchewan, Manitoba, and Newfoundland and Labrador who were members of Facebook at any time during the period between January 1, 2011 and May 30, 2014 and:

  1. who at any time during this period were registered with Facebook using their real name, or had a profile picture that included an identifiable self-image, or both; and
  2. whose real name, identifiable portrait, or both were used by Facebook in a Sponsored Story.

This “class” is divided into two “subclasses”: a Resident Subclass consisting of members from British Columbia, and a Non-Resident Subclass consisting of members from Saskatchewan, Manitoba, and Newfoundland and Labrador.

If you fit this definition, you are automatically included as a member of the class action unless you opt out by September 8, 2020. If you want to opt out, please see the section titled “What if you are a class member, but you don’t want to take part?”

If you are a class member and if you do not opt out, you will be precluded from suing Facebook for damages arising from the alleged breach of the Privacy Acts as a result of the use of your name and portrait in Sponsored Stories. The plaintiff will ask the court to assess damages for the class as a whole without proof of individual loss you may have sustained.
DO YOU NEED TO PAY TO PARTICIPATE IN THE LAWSUIT?
No. You do not need to pay anything out of your pocket to take part in the lawsuit. The lawyers appointed by the Court to represent the class will be paid only if the claims are successful. If that occurs, the lawyers will ask the Court to approve a fee calculated between 25% to 33.33% of the amounts recovered on behalf of class members. They will also ask to be reimbursed for their disbursements, which must also be approved by the Court.
WHAT IF YOU ARE A CLASS MEMBER, BUT YOU DON’T WANT TO TAKE PART?
If you do not want to take part, you must opt out of this class action lawsuit. If you opt out, the results of the lawsuit will not apply to you—good or bad. To opt out, you must send a written request to:

Branch MacMaster LLP attn.: Sarah Cleary
1410-777 Hornby Street, Vancouver, BC V6Z 1S4

Class members that want to opt out must submit their request by September 8, 2020. Class members that do not submit an opt-out request by September 8, 2020 will continue to be a part of the class action. The judgment of the Court respecting issues common to the class will bind class members that do not opt out.
DO YOU NEED MORE INFORMATION?
More information is available at https://www.branchmacmaster.com/class_actions/facebook-sponsored-stories/ along with the Order of the Supreme Court of British Columbia certifying the action, and other Court documents.

The CLASS LAWYERS are Christopher Rhone, Luciana Brasil, Avichay Sharon and Setareh Khasha. They can be reached at:

*This notice has been authorized by the British Columbia Supreme Court.

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