Update – May 10th, 2018:
On May 10th, 2018, the B.C. Court of Appeal found the case suitable to proceed as a class action. The Court of Appeal’s decision can be viewed here: Douez v. Facebook, 2018 BCCA 186.
Update – June 23rd, 2017:
Update – November 17th, 2014:
On October 1st, 2014 the Appellant filed its Factum in the Court of Appeal. Click here to view the redacted Appellant’s Factum.
On November 14th, 2014 the Respondent filed its Factum in the Court of Appeal. Click here to view the redacted Respondent’s Factum.
Update – May 30th, 2014:
On May 30th, 2014, the Supreme Court of British Columbia certified this action as a class action. Click here to review the Reasons for Judgment of Madam Justice S. Griffin of May 30, 2014.
Update – June 18th, 2012:
It has been reported that Facebook has entered into a settlement with the Plaintiff in a US lawsuit with respect to Sponsored Stories. This settlement:
A. Presently extends only to the claims advanced in the US Action, and does not therefore affect the claims of Ms. Douez or of the proposed class members in the BC proceedings; and
B. Is conditional upon approval by the US Court, and approval has not yet been granted.
Overview of the Claim
A proposed class action was commenced in the Supreme Court of British Columbia alleging that Facebook Inc. (“Facebook”) used members’ names or portraits as endorsements of third party advertisers, without the members’ consent, contrary to the provisions of the Privacy Act. A copy of the Notice of Civil Claim filed in the Supreme Court of British Columbia is available here.
Who Can Participate?
The lawsuit is brought on behalf of a proposed class of “all British Columbia resident persons who are Members of Facebook and whose name, portrait, or both have been used by Facebook in a Sponsored Story”.
If you (a) are or were a Member of Facebook and (b) had your name or portrait used in connection with a “Sponsored Story”, you may be able to participate in this proposed class action. If you believe you fit this definition, please fill out the form below providing your name, address, email, and date of birth. We will add you to our database of potential claimants. You will then receive notifications if there are any material developments in this case.
Does this Lawsuit Apply to Persons Outside British Columbia?
The Action was filed in British Columbia. The certified class action only includes British Columbia residents at that time. However, on October 16th, 2018, the claim was amended to include residents of Saskatchewan, Manitoba and Newfoundland and Labrador. Claims concerning individuals in those provinces have not yet been certified by the Court for inclusion in the class proceeding. An application to include residents of these other provinces is planned for 2019. . If you reside in British Columbia, Saskatchewan, Manitoba, or Newfoundland and Labrador, and believe your name or portrait was used by Facebook in connection with its “Sponsored Stories” advertising, please visit our webpage and provide your name, contact information (including email) and any information you have about the use of your name or portrait in connection with a Sponsored Story.
We will add you to our database of potential claimants.
Where can I learn more?
For more information about this class action, please contact email@example.com.