The $397 checks tied to Facebook’s Illinois biometric-privacy lawsuit were a historical settlement payment, not a new distribution. A 2022 report said mailing was expected to begin May 9 of that year. The claims period had already closed on November 23, 2020, and the court’s approval order described a minimum payment of $345 for each class member who sought compensation—not a guaranteed $397 for everyone.
Why did Illinois residents get $397 from Facebook?
The checks came from In re Facebook Biometric Information Privacy Litigation, Case No. 15-cv-03747-JD, in the U.S. District Court for the Northern District of California. The lawsuit alleged that Facebook collected and stored face templates through its Tag Suggestions feature without giving the required prior notice or obtaining consent under the Illinois Biometric Information Privacy Act. Tag Suggestions used facial recognition to identify people in uploaded photos and encourage users to tag them.
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The certified class covered Facebook users located in Illinois for whom Facebook created and stored a face template after June 7, 2011. The case settled for a $650 million non-reversionary fund. That was the total settlement fund, not an amount paid to each person. After settlement administration costs, taxes, attorneys’ fees and costs, and class-representative incentive awards, the remaining amount was distributed pro rata among class members who filed valid claims. The court’s February 26, 2021 final approval order said interested class members would receive at least $345.
The specific $397 figure came from a contemporaneous Chicago Tribune report, which attributed the amount and expected May 9, 2022 mailing start to attorney Jay Edelson. It was a reported distribution amount, not the court-ordered minimum and not a guaranteed payment for every class member.
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Are Facebook settlement checks still being sent?
No new checks were announced in the sources for this case. The $397 mailing was reported in 2022, and the claims deadline had passed on November 23, 2020. The settlement offered claimants a choice of paper check, Zelle, PayPal, or direct deposit. The completed distribution should not be mistaken for an open claim opportunity.
Was this the same as Facebook’s other privacy settlement?
No. The Illinois case concerned biometric face-template collection and storage under state law. A separate Facebook User Privacy Settlement covered a U.S. class period from May 24, 2007, through December 22, 2022, and received final approval in 2023. Its class, claims, and settlement were distinct from the Illinois biometric case that produced the reported $397 checks. The separate settlement’s official website describes that case.
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