`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`Civil Minutes
`
`
`
`
`
`
`
`
`
`
`
`Date: June 4, 2020
`
`Time: 50 Minutes
`
`Judge: Hon. James Donato
`
`
`
`Case No.
`Case Name
`
`C-15-03747-JD
`In re Facebook Biometric Information Privacy Litigation
`
`Rafey S. Balabanian
`Attorney(s) for Plaintiff(s):
`Attorney(s) for Defendant(s): Michael Rhodes
`
`Deputy Clerk: Lisa R. Clark
`
`Court Reporter: Debra Pas
`
`PROCEEDINGS
`
`Motion for Preliminary Approval -- Held (Zoom)
`
`
`NOTES AND ORDERS
`
`
`The motion for preliminary approval is denied without prejudice for the reasons stated at the
`hearing. Dkt. No. 445. The Court’s main concerns include in summary:
`
`
`• The unduly steep discount on statutory damages under the BIPA, and the failure to
`account for the BIPA’s enhanced damages of $5,000 for intentional or reckless
`violations, particularly in light of the FTC consent decree.
`• A conduct remedy that does not appear to require Facebook to do anything other than
`follow existing law and Section VI of the FTC consent decree.
`• A post-certification change of the class definition to exclude users under the age of 18
`and impose a September 2019 cutoff date.
`• The scope of release for claims beyond the BIPA and for Facebook’s sister and affiliated
`companies.
`• An opt-out period of less than 60 days.
`• Proposed notices to the class that are unclear and overly legalistic.
`• An unduly complicated claim form requirement.
`•
`Insufficient channels of notice outside of Facebook.
`
`
`The Court requires an additional hearing at which Facebook engineers and/or business-side
`employees will explain (1) how Facebook’s new practices for biometric information and
`templates will be different from past practices, and (2) how and where the notices of Facebook’s
`
`
`
`1
`
`
`
`Case 3:15-cv-03747-JD Document 456 Filed 06/04/20 Page 2 of 2
`
`biometric data policies will be made available to users. Facebook will also provide additional
`information on the predicted home location protocols.
`
`The parties should jointly propose a date for the hearing within the next few weeks. The pretrial
`conference and trial dates are vacated pending further order.
`
`
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
