ANGEL FRALEY V. FACEBOOK, INC.
Scam or Real Lawsuit Against Facebook?
Today I received an email about a class action lawsuit against Facebook. Being a web site designer / SEO expert I get tons upon tons of spam. Surprisingly the bulk is from folks who are offering me SEO services. I’m sure you also get tons of this unsolicited spam.
You can understand my skepticism. I posted the entire email at the bottom of the page. I didn’t want to force people to read it if they didn’t want to, though you are more than welcome to. I also highly encourage to you to if you decide to participate in the class action suit.
NOTICE OF PENDING CLASS ACTION AND NOTICE OF PROPOSED SETTLEMENT
ANGEL FRALEY V. FACEBOOK, INC.
At first I thought the email about the Facebook sponsored stories lawsuit was total spam and decided to do a bit of research because I anticipated website SEO clients asking about if this was legit. Apparently it is not the normal spam phishing for info:
http://www.bloomberg.com/news/2012-12-21/20-Mil_Facebook_Settlement
http://www.reuters.com/us-facebook-settlement
http://www.citmedialaw.org – Fraley-v-Facebook
Facebook Sponsored Stories Lawsuit
Did you receive an email also? In a nutshell a lady named Angel Fraley sued Facebook. She sued Facebook because she believed that Facebook was improperly using her “Likes” to advertise products and services to her friends.
Angel Fraley is a part of a purported class of Facebook users who take issue with one of the site’s advertising methods — the “Sponsored Story,” which is created when a Facebook user “likes” a product or service and is shown to that user’s friends. In essence, if a user “likes” a brand, she becomes a spokeswoman for it. No matter what the involvement of Ms. Fraley, she has no doubt found out how much fun the Judicial system can be it the the article from the Wall Street Journal is anything to go by.
Wall Street Journal – Suing Facebook Sucks
Facebook recently offered 20 million to settle the lawsuit.
Facebook Class members have until May 2, 2013, to submit a claim, exclude themselves from the settlement (in order to file an individual lawsuit over the legal claims), or tell the court why they object to the settlement. A Fairness Hearing over the matter will be held on June 28, 2013.
Before you get too excited about your upcoming windfall of cash once you receive this email, please know that you won’t be a millionaire or even a thousandaire. Nope you will be the proud recipient of $10. Now don’t go spending all that cash in one place! Chances are you won’t see your settlement check for at least a year if not longer.
Facebook Sponsored Stories Lawsuit
Class Action Lawsuit Truths
Yep, those wacky lawyers most likely have the funds sitting in an account drawing interest while they are taking their time on the administration and dispersion of the funds (Don’t sue me – Just a random opinion). Which as you can be imagine is extremely time consuming when you consider everything was submitted via digital format & only has to be updated in software like Quickbooks or transmitted to a check writing service like ADP.
Once upon a time I owned a beautiful 2002 SLE Solara which I was the first owner & managed to only put on 36K when I sold it in the summer of 2011. The buyer got a sweet deal as I rarely drove it and was a bit Type A about the maintenance and waxing.
I received a letter from a law firm in New Orleans back in the mid 2000’s (I probably still have it in a file somewhere) that they were representing folks like myself in a class action lawsuit against Toyota for “blah blah blah”. It’s been so long I have just a faint memory.
Apparently Toyota had been naughty and this law firm found out and latched on like a starved dog with a meaty soup bone. So I read the letter and called the 1-800 number. It was very “King of Torts“. I had to leave my name and information and a few weeks later I received a letter confirming my acceptance in the class action suit.
It’s been years and I have yet to have seen any more information on the class action suit against Toyota. Maybe it is still going on, maybe it was settled. Either way, I wasn’t going to receive a huge settlement. I was kinda hoping for enough to pay for a oil change or just a car wash.
Class Action Settlement Email Received From Facebook
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.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM This is 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 is the only option that allows you to retain the ability to file your own lawsuit about the legal claims in this case. Deadline: May 2, 2013
OBJECT Write to the Court about why you 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 will hold a “Fairness Hearing” 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 may, but are not required to, speak at the Fairness Hearing about any Objection you filed. If you intend to speak at the Fairness Hearing, you must follow the procedures stated on the Settlement website to notify the Court and parties of your intent when you serve 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
Your Class Member Number: 216835881
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 GCG@fraleyfacebooksettlement.com. You may also contact Class Counsel, Robert S. Arns of the Arns Law Firm, by calling 1-888-214-5125 or by emailing fb.settlement@arnslaw.com.
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