Chicago Tribune (Sunday)

A massive Facebook privacy settlement just got bigger. Ill. users could split $650M.

- By Ally Marotti amarotti@chicagotri­bune.com Twitter @AllyMarott­i

A $550 million settlement was not enough for Illinois Facebook users who allegedly had their privacy rights violated. Instead, the social media giant has agreed to pay $650 million.

Illinois Facebook users could be eligible for up to $400 each as part of a revised settlement in the class action suit, depending on how many people file claims, according to court documents filed Wednesday in a California federal court.

The settlement seeks to resolve a federal lawsuit filed in Illinois five years ago and later moved to California that alleges the social media giant violated a state law protecting residents’ biometric informatio­n. Biometric informatio­n can include data from facial, fingerprin­t and iris scans.

Illinois has one of the strictest biometric privacy laws in the country, mandating that companies collecting such informatio­n obtain prior consent from consumers, detail how they’ll use the informatio­n and specify how long it will be kept. The law also allows private citizens to file lawsuits over the issue.

Facebook had agreed to the $550 million settlement in January but U.S. District Judge James Donato rejected it at a court hearing June 4, according to court documents. Donato expressed concerns about whether the estimated payout range of $150 to $300 per eligible Facebook user would be adequate.

The proposal goes to Donato for approval. As proposed, class members will be notified via email and on Facebook. A notice will appear in eligible users’ profiles, and a notificati­on will pop up in their Facebook news feeds.

The class is defined as Facebook users in Illinois over age 18 whose images the company used to create a stored face template after June 7, 2011, the date Facebook said its tag suggestion feature was available in most countries. Users also must have lived in the state for at least six months.

Ads will be placed in the Chicago Tribune and Chicago Sun-Times, according to the plans, and a website with more details will be establishe­d.

The amount each eligible user receives will depend on how many make a claim. The court document filed Wednesday estimates it will be $200 to $400 per person.

Attorneys’ fees will be deducted from the $650 million. The judge will determine those fees, but they are not to exceed 20% of the fund, plus costs and expenses — a reduction from 25% originally proposed.

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