Millions of Illinois Instagram users may be eligible for a cut of a new $68.5 million class-action biometric privacy settlement.
The lawsuit alleges facial recognition technology used on the app until November 2021 violated Illinois’ biometric privacy law, which is considered the strictest in the nation.
Any person who used Instagram while in Illinois between Aug. 10, 2015, and Aug. 16, 2023, will be eligible for a cut of the settlement if it is approved, according to court documents. DuPage County Circuit Judge Angelo Kappas issued a preliminary approval order of the settlement in early July.
In court documents, attorneys for plaintiffs Heather Parris of Lombard and Karen Joyce of Wheaton estimate 4 million Illinois residents could be eligible to partake in the settlement. The size of payouts in the case would depend on how many eligible class members file valid claims.
According to the settlement notice, the plaintiffs’ attorneys intend to request up to 35% of the settlement fund to cover their fees. The attorneys are asking for the two named plaintiffs to receive $2,500 each.
The deadline to submit claims is Sept. 27; residents can do so on the settlement website. A final approval hearing for the settlement is scheduled in October.
The deadline to opt out of the settlement is Aug. 16. Any class member who does not exclude themselves gives up the right to sue Meta over the issues settled in the case in the future.
The Instagram deal is the latest in a string of settlements by Big Tech companies over alleged violations of the Illinois Biometric Information Privacy Act. The law, passed in 2008, prohibits companies from collecting or saving biometric information, such as fingerprints, without prior consent.
Facebook, now Meta, along with Google and Snapchat parent Snap Inc. have all settled biometric privacy cases in Illinois in recent years. Facebook, whose parent company also owns Instagram, settled its case for $650 million, with individual payouts topping $400 for some class members. Google and Snap settled their cases for smaller amounts at $100 million and $35 million, respectively.
“When Meta’s facial recognition software was active, the company claimed that it used an individual’s template to find photos and videos the user appeared in on Facebook to suggest tags, and to provide more relevant content and feature recommendations,” the Instagram complaint alleges.
“Upon information and belief, Meta also captured its Instagram users’ protected biometrics without their informed consent and without informing users of its practice,” the complaint alleges.
Meta did not respond to a request for comment Tuesday.
