Yes, facebook may owe you $10; that email isn’t a scam

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Transcript of Yes, facebook may owe you $10; that email isn’t a scam

Page 1: Yes, facebook may owe you $10; that email isn’t a scam
Page 2: Yes, facebook may owe you $10; that email isn’t a scam

http://www.webpronews.com/yes-facebook-may-owe-you-10-that-email-isnt-a-scam-2013-02

Million and millions of U.S. Facebook usersreceived an email last weekend that readLEGAL NOTICE OF SETTLEMENT OF CLASSACTION – just like that, in all caps. It saysthat “a federal court authorized this notice,”and that it’s “not a solicitation from alawyer.”

Page 3: Yes, facebook may owe you $10; that email isn’t a scam

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It also tells you that you may be entitled to up to$10, coming directly from the deep pockets ofFacebook.

Although it may sound like a scam (in fact it really,really sounds like a scam), you can rest assuredthat it is 100% legit. You can proceed with yourclaim without fear – but you may not want to.

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This past weekend, another large group of Facebook users received the Settlement email, which stems from an ongoing class action lawsuit that was first filed in early 2012. Facebook settled the lawsuit, which claimed that the company had infringed upon the privacy rights of users when they used their likenesses, photos, and activity in Sponsored Stories ads without consent, compensation, or the ability to opt-out.

The initial settlement was rejected, however, and Facebook was forced to rework the terms. In December 2012, a judge issued a preliminary ruling approving the new terms: a $20 million settlement that will see the majority handed out to users or to various charities and advocacy groups. It all depends on how many claims are filed.

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What Facebook has done, in the simplest of terms, is createa giant fund that can be used to pay class members. If youreceived an email, it means that you are eligible to sign onas a class member because your activity or likeness wasused in a Sponsored Story prior to December 3rd, 2012. Theamount that each claimant will receive depends on howmany people jump in the pool. If too many people file aclaim, and it’s “economically infeasible” to pay out everyone,the fund will be distributed to around a dozen non-profitswho all operate to “teach adults and children how to usesocial media technologies safely,” or to “protect the interestof children.

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They are:

Center for Democracy and Technology, Electronic Frontier Foundation, MacArthur Foundation, Joan Ganz Cooney Center, Berkman Center for Internet and Society (Harvard Law School), Information Law Institute (NYU Law School), Berkeley Center for Law and Technology (Berkeley Law School), Center for Internet and Society (Stanford Law School), High Tech Law Institute (Santa Clara University School of Law), Campaign for Commercial-Free Childhood, Consumers Federation of America, Consumer Privacy Rights Fund, ConnectSafely.org, and WiredSafety.org.

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If you received the settlement notice, you have fiveoptions. You can either submit a claim, whichmakes you eligible for the $10, but prevents youfrom joining any other action against Facebook inthis realm. Or you can exclude yourself, which letsyou retain your ability to sue Facebook in matterspertaining to Sponsored Stories. If you do nothing,you give up your right to both the money andfuture litigation.

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There’s also options to object to thesettlement or attend a hearing, neitherof which will really be considered bymost users.

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If you decide to file a claim, however, you should know thatyou’ll be attesting to a few things that might be difficult toattest to (for the more informed Facebook user). Aspointed out by Forbes, you’ll agree that you were “notaware that Facebook could be paid a fee for displayingactions such as these, along with my name and/or profilepicture, to my Facebook friends,” and that you were truly“injured” by the display of your info in a Sponsored Story.Anyway, all of the information you need to take any routeis available on a dedicated site for thesuit,fraleyfacebooksettlement.com

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What’s just as interesting as the cy pres settlementis the set of changes that Facebook has agreed toimplement as a result of the ruling. Facebook haspromised to add new language to its terms, makingSponsored Stories easier to understand for theaverage user. Facebook has also agreed toimplement better mechanisms for viewing pastactivities that may have been featured in SponsoredStories, as well as set up tighter controls on whatappears in the future.

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Here are all of those stipulations, as provided by the agreement in Fraley v. Facebook:

Revise its terms of service (known as the “Statement of Rights and Responsibilities” or “SRR”) to more fully explain the instances in which users agree to the display of their names and profile pictures in connection with Sponsored Stories

Create an easily accessible mechanism that enables users to view, on a going-forward basis, the subset of their interactions and other content on Facebook that have been displayed in Sponsored Stories (if any)Develop settings that will allow users to prevent particular items or categories of content or information related to them from being displayed in future Sponsored Stories

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Revise its SRR to confirm that minors represent that their parent or legal guardian consents to the use of the minor’s name and profile picture in connection with commercial, sponsored, or related contentProvide parents and legal guardians with additional information about how advertising works on Facebook in its Family Safety Center and provide parents and legal guardians with additional tools to control whether their children’s names and profile pictures are displayed in connection with Sponsored StoriesAdd a control in minor users’ profiles that enables each minor user to indicate that his or her parents are not Facebook users and, where a minor user indicates that his or her parents are not on Facebook, Facebook will make the minor ineligible to appear in Sponsored Stories until he or she reaches the age of 18, until the minor changes his or her setting to indicate that his or her parents are on Facebook, or until a confirmed parental relationship with the minor user is established.

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As far as the money goes, you have until May 2nd tosubmit your claim. Or you can do nothing, ofcourse. Personally, I don’t think I can file a claimthat stipulates my ignorance on the fact thatFacebook was making money off of SponsoredStories. Plus, I don’t find myself feeling particularlywronged by the concept of a Sponsored Story. Andin the end, filing a claim is simply more of a hasslethan it’s worth.

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But if you completely disagree with me (asI’m sure many do), and you received an email,you can proceed with the knowledge that thisis all legit. Happy claims filing.