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Facebook Sponsored Stories

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 info@branmac.com.

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