Snapchat's $35 Million Privacy Settlement: Find Out If You're Owed Money
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Snapchat's $35 Million Privacy Settlement: Find Out if You're Owed Money
Snapchat's parent company, Snap, has agreed to a $35 million settlement to resolve a class-action lawsuit alleging it collected and stored users' unique biometric data without permission.
In court filings this month, plaintiffs said Snap didn't ask for written consent before collecting and storing facial recognition data and other biometric information, as mandated by the Illinois Biometric Information Privacy Act, or BIPA.
Snap isn't the first social media company to run afoul of the Illinois law. In 2020, Facebook agreed to a $550 million settlement after being sued for collecting biometric data to tag photos and allegedly failing to comply with BIPA. In June, Google agreed to pay $100 million to settle a suit that alleged the facial recognition program in Google Photos violated the regulation.
Just this week, a judge granted final approval for a $92 million settlement with TikTok over accusations it breached the state statute.
A federal judge in Illinois provisionally accepted the Snapchat deal on Aug. 8. Final approval for the $35 million payout should follow a Nov. 17 hearing.
Here's what you need to know about the Snapchat case, including what the law says, who's eligible to file a claim, and when they could receive a check.
For more on class-action settlements, find out if you're eligible for money from Capital One's $190 million payout, T-Mobile's $350 million data-breach case or Facebook's $90 million data-tracking payout.
What is the Illinois Biometric Information Privacy Act?
Passed unanimously by lawmakers in Springfield in 2008, the Illinois Biometric Information Privacy Act (BIPA) is one of the country's toughest privacy laws, requiring companies that collect biometric data -- unique facial, voice and eye characteristics; fingerprint scans; heart rhythms -- to take certain safeguards.
According to the complaint, BIPA "prohibits private entities from collecting, capturing, purchasing, receiving through trade, or otherwise obtaining a person's biometric information" unless the user signs an informed consent release that informs them of the specific use, the length of time it will be stored and when it will be permanently destroyed, among other provisions.
Snapchat lenses can add rabbit ears, sunglasses and other virtual elements to your selfie clips.
SnapchatWhat is Snap accused of in the biometric privacy lawsuit?
Plaintiffs in Boone, et al. v. Snap Inc. allege Snap collected and stored Illinois users' biometric data but did not advise them about it, thereby violating BIPA.
In a statement to CNET, a Snap spokesperson said the company denies the allegations, adding the "limited data" used by Snapchat Lenses stays on a user's phone and is not stored in a central databank. In addition, the spokesperson said, "Snapchat Lenses do not collect biometric data that can be used to identify a specific person, or engage in facial identification."
Lenses -- which can add bunny ears, mustaches and other augmented-reality traits -- can "identify an eye or a nose as being part of a face, but cannot identify an eye or a nose as belonging to any specific person," the representative said.
An example of an augmented Snapchat lens
SnapWho is eligible for a payment in the Snapchat settlement?
Anyone who lived in Illinois in the last five years and who used a Snapchat lens or filter at any time since Nov. 17, 2015, can submit a claim online or through the mail.
To file a claim, you must provide your full legal name, Snapchat username and a valid Illinois address where you resided during the class period.
In addition, you must submit a personal statement attesting you lived in Illinois for at least six months during the class period and used Snapchat lenses or filters during that time.
How much can I get from the Snapchat settlement?
According to the settlement website, class members who submit a valid and timely claim form can receive "a proportionate payment from the settlement fund" after attorneys' fees, administration costs and other expenses are settled.
The exact amount each class member will receive has not been determined, although The Chicago Tribune reports individual payouts will likely be between $58 and $117.
What's the deadline to file a claim?
You have until Nov. 5, 2022, to file a claim. (Mail-in claims must be postmarked by Nov. 5.) If you wish to opt out of the settlement and pursue separate legal action, though, the deadline is Oct. 6.
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