If You Are An Illinois Resident And Appear In A Photograph Maintained On Shutterfly At Any Time Since June 11, 2014, You May Be Entitled to a Payment from a Shutterfly Class Action Settlement.
Shutterfly, Inc. (“Shutterfly”) has reportedly agreed to a class action settlement of a biometric privacy class action lawsuit filed against it in the Circuit Court of Cook County, Illinois, styled Miracle-Pond, et al. v. Shutterfly, Inc., Class Action Case No. 2019-CH-07050 (Cir. Ct. Cook Cty.), alleging, among other things, that Shutterfly violated the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (“BIPA”) by obtaining, collecting and storing Illinois residents’ biometrics through the process of using facial recognition software to group similar faces together in photographs that have been uploaded by the same Shutterfly user, a feature called Face Grouping, without adequate prior notice and consent. Shutterfly has reportedly denied the claims made in the lawsuit and denied any wrongdoing.
According to the Shutterfly class action lawsuit, the BIPA prohibits private companies from obtaining, collecting, storing, or using a person’s biometric identifiers and/or biometric information (collectively, “biometrics”), such as a scan of face geometry, without first providing such individual with certain written disclosures and obtaining written consent and requires that private companies that possess biometrics publish a publicly available retention schedule.
Who Is Included In The Shutterfly Biometric Privacy Class Action Settlement?
The Shutterfly Biometric Privacy class action settlement reportedly includes, unless otherwise excluded, the following settlement class:
All Illinois residents who appear in a photograph maintained on Shutterfly at any time between June 11, 2014 and the date of final approval.
What Settlement Benefits Does The Shutterfly Biometric Privacy Class Action Lawsuit Settlement Provide?
Under the Shutterfly settlement, Shutterfly has agreed to create a Settlement Fund totaling $6,750,000 to pay Settlement Class Member claims, Settlement Administration Expenses, any Court-approved Service Awards to the Class Representatives, and any Court-approved attorneys’ fees and expenses to Class Counsel.
Each Shutterfly Class Member who submits a valid claim will reportedly receive a proportionate share of the Net Settlement Fund (the NSF is the amount remaining after payment of various expenses and fees).
Shutterfly settlement class members reportedly must submit a claim form by September 14, 2021 to be eligible to receive a payment under the privacy class action Settlement, which claim form can be submitted online or via mail.
Where Can You Obtain More Information About The Shutterfly Biometric Privacy Class Action Settlement?
For more information about the Shutterfly Biometric Privacy class action settlement, write to Miracle-Pond, et al. v. Shutterfly, Inc., PO Box 3395, Baton Rouge, LA 70821, call 1-833-760-0656, email info@ShutterflyBIPASettlement.com or visit the Shutterfly class action settlement website at https://shutterflybipasettlement.com/