Settlement Structure: Claims Made
Active: OpenCase 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:
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, 2021Proof 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: $6,750,000Class Representative Proposed Incentive Fee:
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
Postlethwaite & Netterville
Miracle-Pond, et al. v. Shutterfly, Inc.
PO Box 3395
Baton Rouge, LA 70821