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Shutterfly Facial Recognition Illinois BIPA Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

Shutterfly, Inc. is paying $6.75 million to settle a class action alleging it used facial recognition software to scan faces in photos posted by users, for a process called Face Grouping, thereby violating Illinois’s Biometric Information Privacy Act (BIPA). BIPA requires certain things of private businesses who wish to take, collect, store, or use biometrics, such as giving subjects written notice and obtaining authorization and publishing a publicly-available retention schedule. The complaint alleged that Shutterfly did not follow these requirements.

Docket Number:

2019-CH-07050

Company: Shutterfly, Inc.

Filing Deadline: September 14, 2021

Class Period: June 11, 2014

Objection Deadline: August 16, 2021

Exclusion Deadline: August 16, 2021

Final Approval Hearing: September 8, 2021

Proof of Purchase:

The claim form does not ask for proof.

Eligibility:

You may be eligible if you are an Illinois resident and have appeared in a photo maintained on Shutterfly at any time between June 11, 2014 and the date of final approval in this case.

Typical Settlement Amount:

Portion of the net settlement fund; final amount will depend on the number of valid claims submitted. Shutterfly has also agreed to make changes, including allowing class member users to choose to have the Face Grouping feature on or off for their account and publishing a retention schedule and guidelines for destroying Face Grouping data for Illinois users within three years of their last interaction with Shutterfly.

Total Settlement Amount: $6,750,000

Class Representative Proposed Incentive Fee:

$5,000

Law Firms:
Ahdoot & Wolfson
Carey Rodriguez Milian Gonya
Carlson Lynch Sweet & Kilpela

Claim Form: Shutterfly BIPA Settlement Claim Form

Case Name: Miracle-Pond, et al. v. Shutterfly, Inc.

Settlement Website: Shutterfly BIPA Settlement Website

Claims Administrator:
Postlethwaite & Netterville

Claims Administrator Contact Information:

Miracle-Pond, et al. v. Shutterfly, Inc.
PO Box 3395
Baton Rouge, LA 70821
1-833-760-0656
info@ShutterflyBIPASettlement.com

Tags: BIPA, Taking/Storing/Using Biometric Data, Your Privacy