$90M Settlement in Facebook Tracking Case Would Force ‘Complete Disgorgement’ of Profits

February 28, 2022

A proposed $90 million settlement over Facebook’s unlawful tracking of web browsing would represent “a complete disgorgement of all net profits earned” on improperly collected data, according to a recent court filing. Earlier this month, plaintiffs in the case asked a federal court to give preliminary approval to a settlement reached with Facebook. In addition to establishing a $90 million fund to benefit injured class members—which would represent “one of the ten largest data privacy class action settlements ever”—the agreement would force Facebook to “sequester and delete the data that Plaintiffs alleged was wrongfully collected.” EPIC filed an amicus brief in a previous appeal from the case explaining that “Facebook’s tracking techniques are designed to escape detection” and that “the company routinely ignores users’ privacy protections.” EPIC told the Ninth Circuit that Facebook’s “cookie tracking practices” cause “harm to the privacy of the large and diffuse group of Facebook users.” EPIC first highlighted the privacy risks of cookie tracking in the 1997 report “Surfer Beware: Personal Privacy and the Internet.” EPIC frequently participates as amicus curiae in consumer privacy cases.

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