There has been a lot of talk recently about the Snapchat class action lawsuit and settlement in Illinois. Snapchat users in Illinois sued the company alleging violations of the Illinois Biometric Information Privacy Act (BIPA) related to the use of face filters and lenses. Many Snapchat users in Illinois are wondering when they can expect to receive their settlement payment.
The Snapchat Class Action Lawsuit
The Snapchat class action lawsuit alleged that Snapchat violated Illinois BIPA by collecting and storing biometric data from users’ faces without obtaining informed consent. Specifically, the lawsuit took issue with Snapchat’s lenses and filters that allow users to alter their appearance. These features use facial recognition technology to scan and map users’ facial geometry. Under BIPA, companies are required to obtain consent before collecting biometric data like face scans and are prohibited from sharing or selling biometric data.
The class action lawsuit, filed in May 2022, claimed that Snapchat failed to meet these BIPA requirements. By not obtaining clear consent and collecting, storing, and using the biometric data of Illinois residents, Snapchat allegedly violated their privacy rights under BIPA.
The Settlement Terms
In September 2022, Snapchat agreed to settle the class action lawsuit to avoid further litigation. As part of the settlement agreement, Snapchat denied any wrongdoing but agreed to pay $35 million to Illinois Snapchat users to resolve the claims.
Here are some key terms of the Snapchat settlement agreement:
- Settlement fund of $35 million to pay individual payments to eligible Snapchat users in Illinois
- Payments expected to be around $58 per person
- Covers Illinois Snapchat users who used certain lenses and filters from November 17, 2015 to now
- Snapchat will provide additional disclosures and obtain consent for use of biometric data going forward
The settlement now needs final approval from the judge presiding over the case before payments can be distributed.
Settlement Approval Timeline
For class action lawsuit settlements, there is typically a multi-step approval process that takes some time. Here is the timeline for the Snapchat settlement approval:
- Preliminary approval – The court granted preliminary approval of the settlement terms on September 22, 2022. This meant the settlement met the basic requirements to move forward.
- Notice period – After preliminary approval, there is a notice period to alert potential class members of the settlement. This is happening now through direct notice and an online claims portal.
- Exclusion/Objection deadline – Class members have until December 5, 2022 to exclude themselves from or object to the settlement terms.
- Final approval hearing – The court will hold a final fairness hearing on January 6, 2023. This hearing will decide whether to grant final approval.
If the court grants final approval, the claims process can begin and payments can be distributed after any appeals are resolved.
When Will I Get My Payment?
If you are a Snapchat user located in Illinois who used certain lenses and filters from November 2015 to now, you may be eligible to receive a settlement payment. However, the exact timing of payments is still uncertain.
Here is a rough timeline for when payments could be issued:
- January 2023 – The court may grant final approval of the settlement after the January hearing. If approved, the claims process can begin.
- Spring 2023 – Eligible claimants submit claim forms and documentation.
- Summer 2023 – Once the claims period ends, review and processing of claims will take place.
- Fall/Winter 2023 – Payments could potentially begin being issued to approved claimants as early as Fall 2023.
However, if there are any appeals or delays in the approval/claims process, payments to Snapchat users could be pushed back to 2024.
Class members should make sure to keep their contact information updated in the claims portal so they receive updates on the timing of payments.
How to Get Your Snapchat Settlement Payment
To get your payment from the Snapchat class action settlement, you need to file a valid claim by the deadline. Here are the steps to take:
- Go to NoSnapFilterSettlement.com and register online by the claims deadline.
- Confirm you are a class member who used Snapchat lenses/filters from November 2015 to now.
- Provide your contact information and method of payment.
- Await confirmation of your approved claim and payment amount.
- Payment will be made by check or electronic deposit.
The best way to ensure you receive your settlement payment is to register a timely claim online through the settlement website. The deadline to file a claim has not yet been set but will likely be sometime in Spring 2023.
Unclaimed Settlement Funds
In many class action settlements, a portion of the settlement fund goes unclaimed because class members do not submit valid claims. For the Snapchat settlement, any unclaimed funds may be used as follows after initial distribution:
- Second distribution to claiming class members – Unclaimed funds may be redistributed to class members who filed valid claims.
- Cy Pres award – Leftover funds may go to one or more nonprofit organizations agreed upon by both parties.
- Revert to defendant – Any remaining funds could revert back to Snapchat.
The settlement agreement will provide details on the distribution of unclaimed funds. Class members who want to receive a share of the settlement should be sure to get their claim filed on time.
Can I Opt Out of the Settlement?
Class members who do not want to be legally bound by the settlement have the right to opt out and exclude themselves from the settlement class. Those who opt out keep their right to file their own separate lawsuit against Snapchat for alleged BIPA violations related to the use of biometric data.
To opt out of the settlement, class members must submit an exclusion request online or by mail postmarked by December 5, 2022. Those who do not exclude themselves will be bound by the settlement terms and release Snapchat from further biometric privacy claims.
Objecting to the Settlement
Class members also have the right to object to the settlement terms if they disagree with part of the proposed settlement. The deadline to file objections is also December 5, 2022.
Instructions for submitting objections are included in the class notice and on the settlement website. All objections will be reviewed by the judge before final approval.
Final Takeaways
Here are some key final takeaways about the Snapchat class action settlement in Illinois:
- Settlement expected to provide payments of around $58 to each eligible claimant
- Payments likely will not go out until at least Fall 2023 due to approval/claims process
- Must submit a claim form online by the deadline to receive payment
- Can opt-out or object to settlement terms by December 5, 2022
- Updates on the settlement will be posted to NoSnapFilterSettlement.com
The Snapchat biometric privacy class action is one of many similar lawsuits against tech companies in Illinois recently. Finalizing the settlement and getting payments to class members will take some time, but eligible Snapchat users in Illinois could likely see checks in late 2023 if the approval process goes smoothly.