FACEBOOK CLASS ACTION
UPDATE – JUNE 18, 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 those 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 vist our webpage at http://www.facebookadsclassaction.com/contact/ 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. You will then receive notifications if there are any material developments in this case.
Does this Lawsuit Apply to Persons Outside British Columbia?
At this time, this claim is limited to British Columbia residents, but similar claims are also being filed in Saskatchewan and in Manitoba. If you reside in any of those provinces, and believe your name or portrait was used by Facebook in connection with its “Sponsored Stories” advertising, please vist our webpage at http://www.facebookadsclassaction.com/contact/ 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, or alternatively, contact one of our co-counsel:
Samuel I. Wilder, Q.C.
Wilder Wilder & Langtry
Barristers and Solicitors
1500 Richardson Building
One Lombard Place
Winnipeg, MB R3B 0X3
Phone No.: (204) 947-1456
Fax No.: (204) 957-1368
Kapoor Selnes Klimm & Brown
Barristers and Solicitors
Fax No.: (306) 752-2712