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A Good Deal for Facebook, a Bad Deal for Privacy and for Kids


Business  (tags: abuse, americans, child, children, dishonesty, education, ethics, family, rights, sadness, safety, society, usa, law, media, marketing, money, ethics, corporate, business, consumers, abuse )

JL
- 592 days ago - pubcit.typepad.com
Today Public Citizen filed objections to the proposed class action settlement in Fraley v. Facebook, which concerns Facebook's practice of using the images of their millions of users, without their knowledge or consent, to sell advertising.



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Comments

JL A. (276)
Saturday May 11, 2013, 11:13 am
Thursday, May 02, 2013
A good deal for Facebook, a bad deal for privacy and for kids

Today Public Citizen filed objections to the proposed class action settlement in Fraley v. Facebook, which concerns Facebook's practice of using the images of their millions of users, without their knowledge or consent, to sell advertising. Specifically, through Facebook's "Sponsored Stories" program, whenever a user clicks the “Like” button, Facebook may use that interaction to create an advertisement that is then broadcast that user’s “Friends” on Facebook –- effectively turning every user into a potential spokesperson on behalf of one of Facebook’s advertisers. Minors are not exempt from the program, even though several state laws prohibit the use of a minor's likeness without parental consent.

In early 2011, the class action complaint was filed (here's the amended complaint) seeking damages under California law for Facebook's practice. Facebook's motion to dismiss based on standing and various other grounds was denied. So far, so good.

But now the plaintiff class and Facebook have proposed to settle the case on terms that are great for Facebook and pretty weak for the 70-million-plus estimated members of the class. Facebook has promised to pay $10 per class member -- a paltry amount as compared with the $750 statutory damages plaintiffs could recover if successful -- and even the $10 payment is unlikely to reach class members because if more than 2% of the class members make claims, the settlement fund does not contain enough money to pay all claims. Meanwhile, the plaintiffs' lawyers stand to receive $7.5 million. Facebook has also promised to create a mechanism for users to opt out of Sponsored Stories, but the opt-out right is limited in key respects -- for instance, it does not appear that users will have the ability to opt-out of all Sponsored Stories on a categorical basis -- and Facebook has agreed to abide by opt-out preferences for only two years. Worst of all, the settlement allows Facebook, in violation of numerous state laws, to continue to use minors’ likenesses without their parents’ consent.

We filed our objections on behalf of several parents and their children, aged 13 to 16, from around the country. The district court will hold a settlement approval hearing on June 28.

Posted by Scott Michelman
 

Sue H. (7)
Saturday May 11, 2013, 11:19 am
FB continues to over reach the boundaries of decency. Boo-Hiss.
 

Freya H. (313)
Saturday May 11, 2013, 11:42 am
Just one more reason to not have a Facebook account. I don't, and almost certainly never will.
 

JL A. (276)
Saturday May 11, 2013, 12:04 pm
You cannot currently send a star to Freya because you have done so within the last day.
 

Arielle S. (317)
Saturday May 11, 2013, 1:23 pm
There are so many reasons to dislike Facebook - this is just one more. Treat it like the plague!
 

Terry V. (30)
Saturday May 11, 2013, 1:25 pm
The original facebook was a good idea, but GREED has won again
 

Past Member (0)
Saturday May 11, 2013, 2:27 pm
This does not sound too good
 

Kat K. (48)
Saturday May 11, 2013, 3:05 pm
Facebook is dangerous and should be removed and banned from the internet.
 

Michael Kirkby (86)
Saturday May 11, 2013, 3:05 pm
This is terrible. Everyone with a FB account should immediately unfriend FB and Mr. Mark. Maybe then he'd get the message. I don't have one and never will.
 

JL A. (276)
Saturday May 11, 2013, 5:02 pm
You cannot currently send a star to Terry because you have done so within the last day.
You cannot currently send a star to Carol because you have done so within the last day.
You cannot currently send a star to Michael because you have done so within the last day.
 

Angelika R. (144)
Saturday May 11, 2013, 5:15 pm
I'm interested to see if FB will pay its way out of court or actually get a verdict. Thx.
 

JL A. (276)
Saturday May 11, 2013, 5:17 pm
Me, too Angelika. You are welcome. You cannot currently send a star to Angelika because you have done so within the last day.
 

Aileen AWAY P. (37)
Sunday May 12, 2013, 2:22 am
Noted. I do not have a facebook account, do not like the idea much.
 

paul m. (93)
Sunday May 12, 2013, 5:15 am

FaceBook should be shut-down..
 

Adena Z. (43)
Sunday May 12, 2013, 6:16 am
I only had a FB account for a very short time through ReverbNation.com for my music only and I never mingled around the site, but that soon came to an end. I will not have another account ever!
 

Joanne Dixon (40)
Sunday May 12, 2013, 7:47 am
Another reason not to use Facebook.
 

JL A. (276)
Sunday May 12, 2013, 8:25 am
You cannot currently send a star to paul because you have done so within the last day.
You cannot currently send a star to Joanne because you have done so within the last day.
 

Past Member (0)
Sunday May 12, 2013, 12:35 pm
I have never usde FB & never will. It is dangerous.
 

Ann B. (140)
Sunday May 12, 2013, 1:09 pm
noted
 

Lois Jordan (58)
Sunday May 12, 2013, 2:15 pm
Noted. No Facebook here either! Seems like almost every day I read another article about the continuing devolution of Facebook....taking advantage of their customers---anything to raise their stock value. Facebook gets a big thumbs down from me.
 

Past Member (0)
Sunday May 12, 2013, 2:15 pm
Pure greed!
 

JL A. (276)
Sunday May 12, 2013, 2:19 pm
You cannot currently send a star to Lois because you have done so within the last day.
 

monka blanke (82)
Sunday May 12, 2013, 2:34 pm
FB can't be trusted, I regret my account - info.
 

JL A. (276)
Sunday May 12, 2013, 2:51 pm
You cannot currently send a star to monka because you have done so within the last day.
 

Catherine O Neill (73)
Sunday May 12, 2013, 7:13 pm
I enjoy my FB page b/c it keeps me in touch with my grandchildren We live states away from. Also my best friend.There're people who put their whole life on their FB page they're the ones who cause their own problems
 

Birgit W. (152)
Sunday May 12, 2013, 7:14 pm
Noted.
 

JL A. (276)
Sunday May 12, 2013, 7:16 pm
When Facebook sells the information posted, so it is not just those who post a whole lot who are vulnerable Catherine.
 

John B. (122)
Monday May 13, 2013, 5:41 am
This is one of many reasons I don't subscribe to Facebook. Thanks JL for the post. Read and noted.
 

JL A. (276)
Monday May 13, 2013, 7:27 am
You are welcome John.You cannot currently send a star to John because you have done so within the last day.
 

Jude Hand (59)
Tuesday May 14, 2013, 3:02 pm
Noted and...well. Facebook. ay yi yi.
 

Robin T. (14)
Wednesday May 15, 2013, 1:00 am
I originally subscribed to Facebook as an easy means of communicating and share photo's with overseas family. We quickly came to the conclusion that this was not the best or safest way so stopped and now use better, safer and more private means. What I find most irritating is the inanely stupid comments people make like 'Just changed babies diaper' How interesting is that? Was that the first time? Who gives a damn, if you have a baby you will hopefully be changing many diapers and I certainly don't want to hear about all of them.

I kept the site open to help spread the word about causes I support on Care2 but frankly after reading this post I am seriously considering closing it down.

Thanks for the post JL A
 

Arthur F. (3)
Friday May 17, 2013, 11:03 am
blah...
 

Melania Padilla (185)
Monday May 27, 2013, 2:47 pm
I use it for petitions and causes, such a shame you want to use it for a good cause and of course, they screw things up ;(
 

Klaus Peters (13)
Friday June 7, 2013, 12:51 am
Facebook is absolutely useless. I rarely use it. But they are flooding my inbox to con me to be friends with people I never heard of. Seems to be some sort of a pyramid system. Accept one friend and they try to grow this into thousands.
 
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