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Update:
- The Supreme Court of British Columbia found that members of a class action did not consent to Facebook’s use of their likenesses in its Sponsored Stories ads, Mondaq reports.
- In a summary judgment filed June 2, the court found Facebook breached data privacy law. A decision on damages will be decided after a full trial, the court wrote.
- According to the Facebook Sponsored Stories class action lawsuit, when a Facebook member “liked” a product, Facebook generated an endorsement featuring the member’s name and profile picture. This endorsement reportedly would be displayed in the news feeds of the member’s Facebook friends.
- The court found that Facebook did not establish either express or implied consent to use class members’ likenesses in advertising.
(Sept. 04, 2020)
Facebook users have begun receiving email notifications about a recently-certified class action lawsuit accusing the social networking site of using Facebook members’ names and images for “Sponsored Stories” advertisement without their knowledge or consent.
The Facebook Sponsored Stories class action lawsuit has been certified by the Supreme Court of British Columbia, and notice of this case was sent to potential Class Members in April 2020. However, because some potential Class Members may not have received an emailed notice, the court ordered a second round of emails to be sent.
What Does the Facebook Sponsored Stories Class Action Allege?
According to the Facebook sponsored stories class action lawsuit, when a Facebook member “liked” a product, Facebook generated an endorsement featuring the member’s name and profile picture. This endorsement reportedly would be displayed in the news feeds of the member’s Facebook friends.
Sponsored Stories advertising was reportedly introduced by Facebook in January 2011.
Facebook reportedly did not inform members that their names and profile pictures would be used to advertise products when they clicked a button labeled “Like”, and Facebook did not offer compensation for their unintended endorsement of the advertised products. Further, Facebook allegedly did not allow members an option to limit or block the appearance of their names or images in connection with Sponsored Stories.
According to the Facebook Sponsored Stories class action lawsuit, third parties may include a Facebook Like Button on their websites, which links back to the member’s Facebook profile.
“When a Member clicks a Like Button within the Website or upon a third party website, a Story appears on that Member’s Profile and on that Member’s Friends’ News Feed which reveals the Member’s action in clicking the Like Button,” the Facebook Sponsored Stories class action lawsuit explains.
These Sponsored Stories advertisements generate significant revenue for Facebook, the class action lawsuit Canada alleges.
Plaintiff Deborah Louise Douez says that, on at least one occasion, Facebook authored a Sponsored Story that displayed her name and portrait to at least one of her friends and indicated that she “liked” a certain good or service.
She says she never provided consent for Facebook to use her name or portrait to promote any goods or services, and that Facebook did not pay her for the use of her likeness to generate advertising revenue for the social network.
The Facebook Sponsored Stories class action lawsuit accuses the social network of violating Class Members’ rights to privacy under British Columbia’s Privacy Act.
“Facebook’s use of the plaintiff and Class members’ names or portraits without consent was high-handed, outrageous, wanton, reckless, callous, disgraceful, willful and entirely without care for the plaintiff’s and Class members’ statutory right to control the use of their own names or portraits, and as such renders Facebook liable to pay punitive damages,” the Facebook Sponsored Stories class action lawsuit states.
Who is a Class Member of the Sponsored Stories Lawsuit?
Deborah initially filed the Facebook class action lawsuit in March 2012 on behalf of herself and a proposed Class of British Columbia residents. The British Columbia Class was certified in March 2014.
Last year, the Facebook class action lawsuit was amended to include residents of Manitoba, Saskatchewan and Newfoundland and Labrador. She says the privacy statutes in these jurisdictions provide the same protections as British Columbia’s Privacy Act.
Class Members of the Facebook Sponsored Stories class action lawsuit include all residents of British Columbia, Saskatchewan, Manitoba, Newfoundland and Labrador who were members of Facebook at any time between Jan. 1, 2011 and May 30, 2014, and were registered with Facebook using their real name and/or a profile picture that included an identifiable self-image that was used by Facebook in a Sponsored Story.
It is not yet clear how much compensation, if any, Class Members may be entitled to receive if the case goes to trial or a class action settlement is reached. Any award or settlement must be approved by a judge.
Facebook Advertising Troubles
The Sponsored Stories situation is not the only type of Facebook advertising to receive scrutiny. Facebook has recently come under fire over allegations it unlawfully discriminated against Canadians in advertisements for jobs, housing and credit services based on factors like their gender, age, or where they live.
This alleged discrimination has led to at least one plaintiff filing a Facebook class action lawsuit over allegations she was not able to see some available jobs advertised on Facebook due to her age.
Facebook asserts that it is taking steps to prevent advertisers from discriminating against its members.
Do you use Facebook? How would you feel if your picture was used in a Facebook Sponsored Stories advertisement? Tell us your thoughts in the comment section below!
Deborah is represented by C. Rhone and A. Sharon of Branch MacMaster LLP.
The Facebook Sponsored Stories Class Action Lawsuit is Deborah Louise Douez v. Facebook Inc., Case No. S122316, in the Supreme Court of British Columbia, Canada.
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4 thoughts onFacebook liable for using users’ likeness without consent, B.C. court rules
I was contacted about this a few years ago. I have had more questions about how many images and how many times such photos or endorsements were used without my knowledge and consent . No one appreciates getting used, especially without their knowledge or consent.
My picture and name was also used in a facebook ad, not acceptable
As it turns out my pic and name were used, and I am one of the class members in this class action regarding facebook sponsored stories. I am very surprised, and it’s concerning, that facebook would breach privacy laws for, in a sense, free advertising. All of which to make them more money and could have impacts on the person who’s pic/name was used. Upholding privacy law is important and I am happy that the initial plaintiff saw and brought forth this issue! By facing a penalty I hope that facebook would take the importance of this issue seriously and look at all that they are doing to ensure that they are not breaching laws that in place for good reason!
My picture was used in the facebook stories and its disturbing. Makes one feel violated.