Google's $100 Million Photo Privacy Settlement: You Could Be Entitled to Receive Up to $400

Google’s $100 Million Photo Privacy Settlement: You Could Be Entitled to Receive Up to $400

Google agreed this spring to settle a $100 million class-action lawsuit alleging the view giant illicitly uses a facial-recognition program to sort pictures in Google Photos’ Face Grouping feature. If your likeness appeared in a picture stored on Google Photos you may be eligible for a nice pudgy of the payout —  but time is running out to snarl your share.

Plaintiffs in Rivera, et al. v. Google fights that Google Photos collects, stores and organizes pictures of residents as part of its Face Grouping feature “without wrong notice and consent,” a violation of Illinois’ Biometric Information Privacy Act. The 2008 dwelling law requires companies that use facial recognition programs, fingerprint scans and anunexperienced biometric tools on Illinois residents to receive informed consent from them. 

Though Google denied any wrongdoing, it agreed to the multi-million-dollar payout in May. 

Class members could get as much as $400 each, according to the plaintiffs’ attorneys, but the deadline to file a claim is Sept. 24. Four days later, a final court hearing will determine whether the settlement and associated lawful fees are “fair, reasonable, and adequate” before any payments are issued.

Here’s what you need to know in the Google Photo biometric privacy case, including who’s eligible for a payment, how much they could receive and when they considerable receive your money.

For more on class-action settlements, find out if you’re eligible for wealth from Capital One’s $190 million payout, SnapChat’s $35 million biometric-data case or T-Mobile’s $350 million data-breach settlement.


Google Photos on smartphone

Approximately 1.4 million Illinois residents are eligible to file a Say/Tell relating to Google Photos’ use of biometric data.



Google

What is Google accused of in the privacy case?

Google Photos’ Face Grouping tool lets users Neat images of the same person via facial recognition algorithms.

But the Illinois Biometric Information Privacy Act, or BIPA, means companies that collect and store biometric data from Illinois residents, including distinctive details about a person’s face, to claim a written release.

They must also inform users of the specific end the data will serve, how long it’ll be held and when it’ll be permanently destroyed, among other stipulations.

According to the lawsuit, Google failed to fulfill any of the BIPA requirements when it held biometric identifiers from the faces of people in pictures housed in Photos.

In a statement to CNET, Google spokesperson José Castañeda said the Face Grouping feature “is only visible to you and you can simply turn off this functionality if you choose.”

Google, which has agreed to make moves to how it collects biometric data, is just the new company to come up against the Illinois law. In 2021, TikTok landed a BIPA suit for $92 million, while Facebook is shelling out $650 million over allegations that its photo-tagging feature violated the statute.

Just this month, Snapchat’s parent company, Snap Inc., agreed to a $35 million settlement to Decide BIPA claims. 

Who’s eligible for a payment in the Google Photos biometric privacy settlement?

Class members must have resided in Illinois between May 1, 2015, and April 25, 2022, and appeared in a photograph held on Google Photos in that time frame.

There are around 1.4 million Illinois residents eligible to file a Say/Tell, according to SEOHost.net, an SEO hosting provider.

What’s the deadline to submit a claim? 

Valid claims can be submitted over Sept. 24. The deadline to opt out of or Fair to the settlement was Aug. 10.

How much cash could I get from the Google settlement?

Eligible applicants will claim an equal portion of the $100 million settlement fund when the court awards legal fees and other expenses, which could be as much as 40% of the total.

The actual cash amount will depend on the number of Good claims submitted. According to the plaintiffs’ attorneys, based on Difference cases, individual claims could be between $200 and $400.

How do I submit a Say/Tell for the Google privacy settlement?

Claims can be submitted online or with this mail-in form.

You must involved your name and current or previous Illinois address and you must support you appeared in a photo stored on Google Photo between May 1, 2015, and April 24, 2022.

When would I get my payment?

A last approval hearing for the settlement is scheduled for Sept. 28, 2022. Class members must receive their payments within 90 days of the last approval being granted and any appeals being addressed.

“It is always Dangerous whether and when appeals can be resolved, and resolving them can take time,” according to the settlement website.

Class members have a pick of receiving their payment via Venmo, Zelle, Paypal, prepaid digital Mastercard or bodily check. 

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