A brief was filed challenging a $20 million settlement that “authorizes Facebook to continue to use minors’ images for advertising without parental consent — in direct violation of the laws of seven states, including California, where Facebook is located.” On February 13, 2014 on behalf of parents of teenagers, Public Citizen Litigation Group filed an appeal with the 9th Circuit Court of Appeals challenging the class action settlement which was approved by a US District Court in August 2013. In the brief the parents claim that Facebook is exploiting minors and the approved settlement permits:
…Facebook to flout laws designed to protect children from being co-opted into serving as unpaid endorsers in advertisements and from having a momentary online interaction as a teenager immortalized on the internet — potentially to the minor’s future personal embarrassment or professional detriment.
Computerworld reported the following comments from Facebook that “a dozen respected groups continue to support the settlement:”
The court-approved settlement provides substantial benefits to everyone on Facebook, including teens and their parents, and goes beyond what any other company has done to provide consumers visibility into and control over their information in advertising…
Apparently this 2011 class action case is not resolved, and depending on how the Court of Appeals rules maybe this case will be headed to the US Supreme Court.
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney.
This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary.
The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites.
In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.