NOTICE OF PENDING CLASS ACTION AND NOTICE OF PROPOSED SETTLEMENT
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ANGEL FRALEY V. FACEBOOK, INC.
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You are receiving this e-mail because you may have been featured in a "Sponsored Story" on Facebook prior to December 3, 2012.
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A federal court authorized this Notice. This
is not a solicitation from a lawyer.
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Why did I get this notice? This Notice
relates to a proposed settlement ("Settlement") of a class action lawsuit
("Action") filed against Facebook relating to a particular Facebook feature
called "Sponsored Stories." According to available records, you may be a "Class
Member."
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What is the Action about? The Action
claims that Facebook unlawfully used the names, profile pictures, photographs,
likenesses, and identities of Facebook users in the United States to advertise
or sell products and services through Sponsored Stories without obtaining those
users' consent. Facebook denies any wrongdoing and any liability whatsoever. No
court or other entity has made any judgment or other determination of any
liability.
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What is a Sponsored Story? Sponsored
Stories are a form of advertising that typically contains posts which appeared
on facebook.com about or from a Facebook user or entity that a business,
organization, or individual has paid to promote so there is a better chance that
the posts will be seen by the user or entity's chosen audience. Sponsored
Stories may be displayed, for example, when a Facebook user interacts with the
Facebook service (including sub-domains, international versions, widgets,
plug-ins, platform applications or games, and mobile applications) in certain
ways, such as by clicking on the Facebook "Like" button on a business's,
organization's, or individual's Facebook page. Sponsored Stories typically
include a display of a Facebook user's Facebook name (i.e., the name the user
has associated with his or her Facebook account) and/or profile picture (if the
user has uploaded one) with a statement describing the user's interaction with
the Facebook service, such as "John Smith likes UNICEF," "John Smith played
Farmville," or "John Smith shared a link."
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What relief does the Settlement provide?
Facebook will pay $20 million into a fund that can be used, in part, to
pay claims of Class Members (including Minor Class Members) who appeared in a
Sponsored Story. Each participating Class Member who submits a valid and timely
claim form may be eligible to receive up to $10. The amount, if any, paid to
each claimant depends upon the number of claims made and other factors detailed
in the Settlement. No one knows in advance how much each claimant will receive,
or whether any money will be paid directly to claimants. If the number of
claims made renders it economically infeasible to pay money to persons who make
a timely and valid claim, payment will be made to the not-for-profit
organizations identified on the Settlement website at
www.fraleyfacebooksettlement.com (if clicking on the link does not work, copy
and paste the website address into a web browser). These organizations are
involved in educational outreach that teaches adults and children how to use
social media technologies safely, or are involved in research of social media,
with a focus on critical thinking around advertising and commercialization, and
particularly with protecting the interests of children.
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In addition to monetary relief, Facebook will (a) revise
its terms of service (known as the "Statement of Rights and Responsibilities" or
"SRR") to more fully explain the instances in which users agree to the display
of their names and profile pictures in connection with Sponsored Stories; (b)
create an easily accessible mechanism that enables users to view, on a
going-forward basis, the subset of their interactions and other content on
Facebook that have been displayed in Sponsored Stories (if any); (c) develop
settings that will allow users to prevent particular items or categories of
content or information related to them from being displayed in future Sponsored
Stories; (d) revise its SRR to confirm that minors represent that their parent
or legal guardian consents to the use of the minor's name and profile picture in
connection with commercial, sponsored, or related content; (e) provide parents
and legal guardians with additional information about how advertising works on
Facebook in its Family Safety Center and provide parents and legal guardians
with additional tools to control whether their children's names and profile
pictures are displayed in connection with Sponsored Stories; and (f) add a
control in minor users' profiles that enables each minor user to indicate that
his or her parents are not Facebook users and, where a minor user indicates that
his or her parents are not on Facebook, Facebook will make the minor ineligible
to appear in Sponsored Stories until he or she reaches the age of 18, until the
minor changes his or her setting to indicate that his or her parents are on
Facebook, or until a confirmed parental relationship with the minor user is
established.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS
SETTLEMENT
| | | SUBMIT
A CLAIM FORM
| This
is the only way to be eligible to receive a payment, if the Court orders payment
to Class Members.
| Deadline:
May 2, 2013
| EXCLUDE
YOURSELF
| This
is the only option that allows you to retain the ability to file your own
lawsuit about the legal claims in this case.
| Deadline:
May 2, 2013
| OBJECT
| Write
to the Court about why you object to (i.e., don't like) the Settlement and think
it shouldn't be approved.
| Deadline:
May 2, 2013
| GO
TO THE "FAIRNESS HEARING"
| The Court will hold a "Fairness Hearing" to consider the Settlement, the
request for attorneys' fees and expenses of the lawyers who brought the Action
("Class Counsel"), and the class representatives' request for service awards for
bringing the Action.
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You may, but are not required to, speak at the Fairness Hearing about any
Objection you filed. If you intend to speak at the Fairness Hearing, you must
follow the procedures stated on the Settlement website to notify the Court and
parties of your intent when you serve your Objection.
| Hearing
Date: June 28, 2013 at 10:00 a.m.
| DO
NOTHING
| You
will not receive a payment, even if the Court orders payment to Class Members.
You will also be giving up your right to bring your own lawsuit related to the
claims in the Action. You may be eligible to receive the non-monetary benefits
of the Settlement, if the Settlement is finally approved.
| No
deadline
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Your Class Member Number:
451002887
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To Parents and Guardians of Children on Facebook:
The Settlement also involves the claims of minors featured in Sponsored
Stories on Facebook. Please see the Settlement website for more
information.
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More information? For more information
about the Settlement and how to take the actions described above, please visit
www.fraleyfacebooksettlement.com (if clicking on the link does not work, copy
and paste the website address into a web browser) or write to the Settlement
Administrator at Fraley v. Facebook, Inc., Settlement, c/o GCG, P.O.
Box 35009, Seattle, WA 98124-1009, or GCG@fraleyfacebooksettlement.com. You may
also contact Class Counsel, Robert S. Arns of the Arns Law Firm, by calling
1-888-214-5125 or by emailing
fb.settlement@arnslaw.com.
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