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Did your face appear in a picture stored on Google Photos? If so, you may be eligible for a portion of a $100 million class-action settlement. However, time is running short to file a claim. The search giant is the latest corporation to run afoul of Illinois’ Biometric Information Privacy Act, which requires companies that use facial recognition programs, fingerprint scans and other biometric tools on Illinois residents to receive informed consent.
Plaintiffs in Rivera, et al. v. Google argue that the law is violated when Google Photos collects, stores and organizes pictures of residents as part of its Face Grouping feature “without proper notice and consent.”
Though the company denied any wrongdoing, it agreed to a $100 million settlement in May (PDF). But eligible claimants have only a few weeks left to file a claim for their part of the payout.
Here’s what you need to know about the Google Photo biometric privacy case, including who’s eligible for a payment, how much you could receive and when you might receive your money.
For more on class-action settlements, find out if you’re eligible for money from Capital One’s $190 million payout, SnapChat’s $35 million biometric-data case or T-Mobile’s $350 million data-breach settlement.
What’s Google accused of in the class-action lawsuit?
Google Photos’ Face Grouping tool lets users organize images of the same person via facial recognition algorithms.
But the Illinois Biometric Information Privacy Act, or BIPA, requires companies that collect and store biometric data from Illinois residents, including distinctive details about a person’s face, to receive a written release.
They must also inform users of the specific purpose the data will serve, how long it’ll be stored and when it’ll be permanently destroyed, among other stipulations.
According to the lawsuit, Google failed to fulfill any of the BIPA requirements when it stored biometric identifiers from the faces of people in pictures housed in Photos.
It’s estimated that approximately 1.4 million Illinois residents are eligible to file a claim in the class-action settlement relating to Google Photos’ use of biometric data.
Getty Images
In a statement to CNET, Google spokesperson José Castañeda said the Face Grouping feature “is only visible to you and you can easily turn off this functionality if you choose.”
Google, which has agreed to make changes to how it collects biometric data, is just the latest company to come up against the Illinois law. In 2021, TikTok settled a BIPA suit for $92 million, while Facebook is shelling out $650 million over allegations that its photo-tagging feature violated the statute.
Just this month, Snapchat’s parent company, Snap Inc., agreed to a $35 million settlement to resolve BIPA claims.
Who’s eligible for a payment in the Google Photos biometric privacy settlement?
Class members must have resided in Illinois between May 1, 2015, and April 25, 2022, and appeared in a photograph stored on Google Photos in that time frame.
There are approximately 1.4 million Illinois residents eligible to file a claim, according to SEOHost.net, an SEO hosting provider.
How much money could I get?
Eligible applicants will receive an equal portion of the $100 million settlement fund after the court awards legal fees and other expenses, which could be as much as 40% of the total.
The actual cash amount will depend on the number of valid claims submitted. According to the plaintiffs’ attorneys, based on similar cases, individual claims could be between $200 and $400.
How do I submit a claim?
Claims can be submitted online or with this mail-in form.
You must include your name and current or previous Illinois address and you must confirm you appeared in a photo stored on Google Photo between May 1, 2015, and April 24, 2022.
What’s the deadline to submit a claim?
Valid claims can be submitted through Sept. 24. The deadline to opt out of or object to the settlement was Aug. 10.
When would I get my payment?
A final approval hearing for the settlement is scheduled for Sept. 28, 2022. Class members should receive their payments within 90 days of the final approval being granted and any appeals being addressed.
“It is always uncertain whether and when appeals can be resolved, and resolving them can take time,” according to the settlement website.
Class members have a choice of receiving their payment via Venmo, Zelle, Paypal, prepaid digital Mastercard or physical check.
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