4 ms·
The judge hasn't allowed the settlement yet, and it is not clear that he will allow it. He rejected the original $550 million https://www.courthousenews.com/j
by OldHand2018 6y ago
The judge hasn't allowed the settlement yet, and it is not clear that he will allow it. He rejected the original $550 million
https://www.courthousenews.com/judge-wont-sign-off-on-550m-facebook-facial-data-settlement/ https://www.courthousenews.com/judge-wont-sign-off-on-550m-f...
> “The Illinois Legislature said this is meant to be an expensive violation,” U.S. District Judge James Donato said during a preliminary settlement approval hearing held via video Thursday.
> The Illinois statute carries civil penalties of $1,000 for each negligent violation and $5,000 for each knowing violation. With a class of millions of Facebook users who had photos of themselves uploaded in Illinois, damages could have reached tens of billions of dollars.
> Donato demanded lawyers for Facebook and the plaintiff class explain why the higher damages amount of $5,000 per violation was taken off the table.
> Last year, Facebook paid a $5 billion fine to the Federal Trade Commission to settle claims that it violated a 2012 FTC order by allegedly deceiving users about their ability to control private information. Donato said that settlement could provide adequate evidence to support a push for higher damages.
> “It looks to me that what Facebook did to violate the BIPA may also have been a violation of that prior FTC consent decree, in which case you have a pretty good argument that this is an intentional or reckless violation of BIPA that would warrant $5,000,” Donato said.