Update – May 2023:
Trial of the remaining damages common issues in this class action is scheduled to take place in the Supreme Court of British Columbia commencing on November 20, 2023, for 20 days.
Facebook has appealed the decision regarding the liability common issues rendered by the Supreme Court of British Columbia on June 2nd, 2022. Facebook’s appeal was heard on May 26, 2023, with the British Columbia Court of Appeal decision now pending.
A further update will be provided after the determination of Facebook’s appeal.
Update – June 2, 2022:
On June 2, 2022, the B.C. Supreme Court released its decision in Douez v Facebook, 2022 BCSC 914 finding that Facebook breached users’ privacy rights through its “Sponsored Stories” advertising campaign. This followed a common issues trial held in January 2022 (noted below). The B.C. Supreme Court decision is available at the following link: 2022 BCSC 914.
The Court accepted plaintiff’s arguments that under the Privacy Acts of British Columbia, Manitoba, Saskatchewan and Newfoundland and Labrador, the burden is on Facebook to prove class members consented to be featured in advertisements. The Court agreed with the plaintiff’s arguments that Facebook’s “Terms of Use” did not allow Facebook to feature class members in Sponsored Stories advertisements and that class members neither expressly nor impliedly consented to being featured in these advertisements. Accordingly, the Court found Facebook liable to the Class for breaching the Privacy Acts. The remaining common issues relating to damages have yet to be decided.
Update – January 31, 2022:
Summary trial was completed on January 28, 2022. The Court has reserved judgment until a later date. Further updates will be provided as they become available.
Update – January 14, 2021:
A 10 day trial of the common issues is scheduled to commence on January 17, 2022 at the British Columbia Supreme Court.
Update – August 18, 2020:
In light of the high volume of calls we have received in relation to the recently distributed Class Action Notice, we have created a Frequently Asked Questions page for the convenience of potential class members and the general public. This has been created with the intention to provide more in-depth information to the most commonly anticipated questions. Click here to review all FAQs.
Update – August 7, 2020:
Following the B.C. Supreme Court’s Order of February 25, 2020, notice was provided to members of the public and known potential class members of the certification of this class action in or around April 10, 2020. However, some potential class members may not have received e-mail notices. As such, on July 7, 2020, the B.C. Supreme Court ordered a second round of notice dissemination.
If you receive or have received an email in early August 2020 notifying you of this class action, and 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.
If you had already received an email notifying you of this lawsuit on or around April 10, 2020 and chose to opt out by mailing our office a letter, you do not need to send a further letter to opt out.
Update – February 25, 2020:
On February 25, 2020, the B.C. Supreme Court approved the form of notice notifying members of the public and known potential class members of the certification of this action, as well as the manner in which the notice is to be distributed. Click here to find the Notice to the General Public, which includes information on the class action, the definition of a class member, instructions on how and when to opt-out of the class action, and who to contact if you require further information.
Please note, if you do not want to take part of the class action, you must opt-out of the lawsuit by sending a letter to our firm before May 10, 2020 advising of your clear intent to opt-out and providing your full name and contact information. Please review the Notice to the General Public linked in the paragraph above for further information.
Update – May 9, 2019:
On May 9, 2019, the B.C. Supreme Court expanded this action to include (in addition to British Columbia residents), residents of Saskatchewan, Manitoba and Newfoundland and Labrador. The Court’s decision can be viewed here: Douez v. Facebook, 2019 BSCS 715.
The class is defined by the Court to include all British Columbia, Saskatchewan, Manitoba, Newfoundland and Labrador resident natural persons who were members of Facebook at any time in the period from January 1, 2011, to May 30, 2014, and (a) 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 (b) whose real name, identifiable portrait, or both were used by Facebook in a Sponsored Story.
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:
On June 23rd, 2017, the Supreme Court of Canada found that the case can be heard before the BC Supreme Court. Facebook argued its terms of use required the case to proceed in California, a position rejected by the Supreme Court of Canada. The Supreme Court’s decision is available here: Douez v. Facebook, [2017] 1 S.C.R. 751.
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 class of all British Columbia, Saskatchewan, Manitoba, Newfoundland and Labrador resident natural persons who were members of Facebook at any time in the period from January 1, 2011, to May 30, 2014, and: (a) 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 (b) whose real name, identifiable portrait, or both were used by Facebook in a Sponsored Story.
Does this Lawsuit Apply to Persons Outside British Columbia?
The Action was filed in British Columbia. In addition to British Columbia residents it also includes residents of Saskatchewan, Manitoba and Newfoundland and Labrador. 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 Conall Kelly ckelly@branmac.com.