The Angel Fraley v. Facebook Lawsuit

Discussion in 'Internet & Social Media Law' started by Michael M. Wechsler, Jan 18, 2013.

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  1. Michael M. Wechsler

    Michael M. Wechsler Law Topic Starter Administrator Staff Member

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    Have you received one of these notices in email and wondered if they are spam? Apparently this email is real and I'll discuss below.

    NOTICE OF PENDING CLASS ACTION AND NOTICE OF PROPOSED SETTLEMENT

    ANGEL FRALEY V. FACEBOOK, INC.

    You are receiving this e-mail because you may have been featured in a "Sponsored Story" on Facebook prior to December 3, 2012.
    A federal court authorized this Notice. This is not a solicitation from a lawyer.

    Why did I get this notice? This Notice relates to a proposed settlement ("Settlement") of a class action lawsuit ("Action") filed against Facebook relating to a particular Facebook feature called "Sponsored Stories." According to available records, you may be a "Class Member."
    What is the Action about? The Action claims that Facebook unlawfully used the names, profile pictures, photographs, likenesses, and identities of Facebook users in the United States to advertise or sell products and services through Sponsored Stories without obtaining those users' consent.
    Facebook denies any wrongdoing and any liability whatsoever. No court or other entity has made any judgment or other determination of any liability.

    What is a Sponsored Story? Sponsored Stories are a form of advertising that typically contains posts which appeared on facebook.com about or from a Facebook user or entity that a business, organization, or individual has paid to promote so there is a better chance that the posts will be seen by the user or entity's chosen audience. Sponsored Stories may be displayed, for example, when a Facebook user interacts with the Facebook service (including sub-domains, international versions, widgets, plug-ins, platform applications or games, and mobile applications) in certain ways, such as by clicking on the Facebook "Like" button on a business's, organization's, or individual's Facebook page. Sponsored Stories typically include a display of a Facebook user's Facebook name (i.e., the name the user has associated with his or her Facebook account) and/or profile picture (if the user has uploaded one) with a statement describing the user's interaction with the Facebook service, such as "John Smith likes UNICEF," "John Smith played Farmville," or "John Smith shared a link."

    What relief does the Settlement provide? Facebook will pay $20 million into a fund that can be used, in part, to pay claims of Class Members (including Minor Class Members) who appeared in a Sponsored Story. Each participating Class Member who submits a valid and timely claim form may be eligible to receive up to $10. The amount, if any, paid to each claimant depends upon the number of claims made and other factors detailed in the Settlement. No one knows in advance how much each claimant will receive, or whether any money will be paid directly to claimants. If the number of claims made renders it economically infeasible to pay money to persons who make a timely and valid claim, payment will be made to the not-for-profit organizations identified on the Settlement website at www.fraleyfacebooksettlement.com (if clicking on the link does not work, copy and paste the website address into a web browser). These organizations are involved in educational outreach that teaches adults and children how to use social media technologies safely, or are involved in research of social media, with a focus on critical thinking around advertising and commercialization, and particularly with protecting the interests of children.

    In addition to monetary relief, Facebook will (a) revise its terms of service (known as the "Statement of Rights and Responsibilities" or "SRR") to more fully explain the instances in which users agree to the display of their names and profile pictures in connection with Sponsored Stories; (b) create an easily accessible mechanism that enables users to view, on a going-forward basis, the subset of their interactions and other content on Facebook that have been displayed in Sponsored Stories (if any); (c) develop settings that will allow users to prevent particular items or categories of content or information related to them from being displayed in future Sponsored Stories; (d) revise its SRR to confirm that minors represent that their parent or legal guardian consents to the use of the minor's name and profile picture in connection with commercial, sponsored, or related content; (e) provide parents and legal guardians with additional information about how advertising works on Facebook in its Family Safety Center and provide parents and legal guardians with additional tools to control whether their children's names and profile pictures are displayed in connection with Sponsored Stories; and (f) add a control in minor users' profiles that enables each minor user to indicate that his or her parents are not Facebook users and, where a minor user indicates that his or her parents are not on Facebook, Facebook will make the minor ineligible to appear in Sponsored Stories until he or she reaches the age of 18, until the minor changes his or her setting to indicate that his or her parents are on Facebook, or until a confirmed parental relationship with the minor user is established.

    YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

    SUBMIT A CLAIM FORM This is the only way to be eligible to receive a payment, if the Court orders payment to Class Members. Deadline: May 2, 2013

    EXCLUDE YOURSELF This is the only option that allows you to retain the ability to file your own lawsuit about the legal claims in this case. Deadline: May 2, 2013

    OBJECT Write to the Court about why you object to (i.e., don't like) the Settlement and think it shouldn't be approved. Deadline: May 2, 2013
    GO TO THE "FAIRNESS HEARING" The Court will hold a "Fairness Hearing" to consider the Settlement, the request for attorneys' fees and expenses of the lawyers who brought the Action ("Class Counsel"), and the class representatives' request for service awards for bringing the Action.

    You may, but are not required to, speak at the Fairness Hearing about any Objection you filed. If you intend to speak at the Fairness Hearing, you must follow the procedures stated on the Settlement website to notify the Court and parties of your intent when you serve your Objection. Hearing Date: June 28, 2013 at 10:00 a.m.

    DO NOTHING You will not receive a payment, even if the Court orders payment to Class Members. You will also be giving up your right to bring your own lawsuit related to the claims in the Action. You may be eligible to receive the non-monetary benefits of the Settlement, if the Settlement is finally approved. No deadline

    Your Class Member Number: XXXXX

    To Parents and Guardians of Children on Facebook: The Settlement also involves the claims of minors featured in Sponsored Stories on Facebook. Please see the Settlement website for more information.

    More information? For more information about the Settlement and how to take the actions described above, please visit www.fraleyfacebooksettlement.com (if clicking on the link does not work, copy and paste the website address into a web browser) or write to the Settlement Administrator at Fraley v. Facebook, Inc., Settlement, c/o GCG, P.O. Box 35009, Seattle, WA 98124-1009, or GCG@fraleyfacebooksettlement.com. You may also contact Class Counsel, Robert S. Arns of the Arns Law Firm, by calling 1-888-214-5125 or by emailing fb.settlement@arnslaw.com.
     
  2. Michael M. Wechsler

    Michael M. Wechsler Law Topic Starter Administrator Staff Member

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    Like many other people, I've received one of these notices today. Apparently I may be famous! I have received a notice of proposed settlement because I must have been featured in a "Facebook Sponsored Story". So what is a Sponsored Story? The Law Firm via the settlement administrator informs us of the following:

    Sponsored Stories are a form of advertising that typically contain posts which appear on facebook.com about or from a Facebook user or entity that a business, organization, or individual has paid to promote so there is a better chance that the posts will be seen by the user or entity’s chosen audience.

    Facebook agreed to pay $20 million to settle this case for which I can get, as compensation for my unknown modeling gig... $10! No, wait... that is up to $10! If more people come forth, I may only get $7 or maybe even $3! But wait... no... I'm wrong. The Law Firm has informed us on the site that:

    The amount, if any, paid to each Authorized Claimant depends upon the number of claims made. No one knows in advance how much each Authorized Claimant will receive, or whether any money will be paid directly to Authorized Claimants. If the number of claims made renders it economically infeasible to pay money to persons who make a timely and valid claim, payment will be made to the not-for-profit organizations identified in Section 7 of the Notice.

    If you're curious how much the attorneys are getting paid, as was I, here is what it is as well as my option to contest my paltry compensation:

    The Court will hold a “Fairness Hearing” on June 28, 2013, at 10:00 a.m. to consider the Settlement, the request for attorneys’ fees and expenses of the lawyers who brought the Action (“Class Counsel”), and the class representatives’ request for service awards for bringing the Action. You may, but are not required to, speak at the Fairness Hearing about any Objection you filed. If you intend to speak at the Fairness Hearing, you must follow the procedures set forth in the Notice when you serve your Objection.

    We've got until May to figure out what to do as individual class members. But at least until then I'm glad to say that I can add again to my resume that I had the opportunity to be a male model for Facebook advertisements, lol!!! :D
     
  3. army judge

    army judge Super Moderator

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    Professor, thanks for the information, but most of all for the chuckle.

    It also reinforces my life long belief, that class action lawsuits, more often than not; benefit lawyers (specifically law firms) far more than they ever benefit victims (or aggrieved parties).
     
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  4. shrinkmaster

    shrinkmaster Moderator

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    MY three kids (18-16-16) all got this email I told oldest just ignore it. Email siad her take would be around $10.00 and since I did not trust the email told her to ignor eit. The other two have not seen the their emails yet but since they are under 18 I doubt they can act on it. Funny I got no email only them so I assumed it had something to do with a place kids go or it was spam or worse
     
  5. cbg

    cbg Super Moderator

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    I got this email last night and put it in the category of, Things that make you go HUH?
     
  6. shrinkmaster

    shrinkmaster Moderator

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    I thought it spam because my kids each got one but I did not
     
  7. Betty3

    Betty3 Super Moderator

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    I didn't get one (yet anyway) but heard on the news that most would get something like $10.00. That's what they said anyway.
     
  8. cbg

    cbg Super Moderator

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    On the other hand, that's $10 I didn't have before. Or, won't have had before. Or...oh, you know what I mean!
     
  9. Betty3

    Betty3 Super Moderator

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    cbg; since I didn't get an e-mail, could I have half of your $10.00 please. Thanks. :)
     
  10. cbg

    cbg Super Moderator

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    Deal, Betty! :D
     
  11. guestpost

    guestpost New Member

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    LOL.. Thank you professor.. great response.. I was sent this email and my question would be how was my email obtained?? It's not posted ! thank you for all the posts .. it clears up a bit of non-sense..
     
  12. Michael M. Wechsler

    Michael M. Wechsler Law Topic Starter Administrator Staff Member

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    Oh... such a cynic you are, lol. Wome colleagues I know prefer to represent themselves as paragons of justice. "We are your civil attorney generals. We fight for your rights, prosecuting cases which our own state attorney general might not undertake. We right those wrongs and bring the perpetrators of fraud to justice." Sure thing guys. :)
     
  13. Michael M. Wechsler

    Michael M. Wechsler Law Topic Starter Administrator Staff Member

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    That's a very good question. My guess is that if you are or have been a Facebook member, they used the email address from the account.
     
  14. Michael M. Wechsler

    Michael M. Wechsler Law Topic Starter Administrator Staff Member

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    Here you go - THIS is the awesome class action lawsuit I'm looking for. Talk about the literal sense of the word. Difficult to say whether this is intentional or not or whether a simple company complaint might have solved the "problem". As it stands, it's still a pretty good deal even if you're short a half inch. This time I'm not sure if it's lawyer or the class representative or both who were sufficiently concerned about the dire problem, lol. Still, I do appreciate my fellow attorneys policing the industry to make sure that unscrupulous people in companies don't take advantage of and shortchange the consumer. Enjoy!

    Subway sued for 11.5" footlong sub sandwiches

    Leslie, who carries a Subway Rewards card and estimates having eaten about 50 of the sandwiches a year since he was 18, bought a Footlong meatball sub four days later for $8 that ended up being short of 12 inches. “They advertise in all these commercials, ‘Footlong, Footlong, Footlong,’ and now I feel like an idiot,” the used-car dealer told The Post. “I can’t believe I fell for that trick. The sandwiches are anywhere between a half-inch to an inch shorter . . . I feel cheated.”
     
  15. Betty3

    Betty3 Super Moderator

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    I heard about that Subway sandwich lawsuit on the local TV news.
     
  16. Michael M. Wechsler

    Michael M. Wechsler Law Topic Starter Administrator Staff Member

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    Just when I thought it couldn't get any crazier...

    Man Files Footlong Class Action Lawsuit Against Subway in Chicago

    The Chicago lawsuit was filed by Nguyen Buren, who alleges that he visited a Subway location near his North Side home on Sunday but didn't get the final fraction of his sub. Buren's suit, filed against Subway parent Doctor's Associates Inc., claims his sandwich was less than 11 inches long and alleges a "pattern of fraudulent, deceptive and otherwise improper advertising, sales and marketing practices."

    Buren's lawsuit was filed Tuesday, the same day two men filed a similar suit in New Jersey state court, and seeks damages in excess of $5 million. Both suits are seeking class-action status.
     
  17. Betty3

    Betty3 Super Moderator

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    I'm going to have to measure my foot long sandwich the next time I go to Subway!
     
  18. guestpost

    guestpost New Member

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    um so why does said e mail need a checking account no with routing no, if legit. they don't this is a phishing scam..and onc eu hand that infor, plan on empty bank account..this is a form of nasty phishing and aimed at not only kids but adults, and also my e mail is not on or open to anyone for facebook or anyone to see unless i give it out. so this begs the safety of facebooks privacy set up (i sae the developer ha dno idea how to set his either or if it worked) so this gives pause to the whole place..i read the e mail sifted the form saw the required bank acc no with routing and my legal ears fell off with yeh right..see ya.. i am forwarding t he e mail to the AG in my state, have notified face book, and several other uthorities on internet fraud..
     
  19. Bevi

    Bevi Guest

    I knew i couldn't be the only one who got this email..wow..speechless. Maybe feeling the need to skip over to a less " popular" site to pic share and contact people i love and care to share with. Facebook has almost become to much drama for me! BLAH!
     
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