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Facebook will soon be forced to pay out $51 million to its users for breaching Canadian privacy laws, and BC residents could cash in.

Thanks to the Deborah Louise Douez vs. Meta Platforms Inc. class action settlement, all Facebook members who were residents of British Columbia, Saskatchewan, Manitoba and Newfoundland and Labrador between Jan. 1, 2011 and May 30, 2014, could be included in a large class action settlement.

In the lawsuit, Douez alleged that Facebook used members names and photos in advertising without their consent, which violates the Privacy Acts of the four provinces.

“One of the main goals and purposes of these class actions is to hold these corporations accountable. And it sends a message, I think, as well to other internet companies that may be doing business in Canada, to be aware of the laws and protections that our legislatures have put in place to protect the residents of these provinces and, in particular in this case, their privacy rights,” Chris Rhone, lead counsel for the plaintiff and lawyer at Branch MacMaster, told iNFOnews.ca.

Eligible claimants must have been registered with Facebook and using either their real name or a profile picture that included an identifiable self-image.

The ads in question were “sponsored stories” which associated an advertiser’s name with a Facebook user who liked their product or services.

“There is no information available as to who was actually in a sponsored story,” Rhodes said. “What we do know is that almost everybody who was... marginally active on Facebook would have been in a sponsored story.”

According to MNP, the law firm associated with the case, many Canadian Facebook members were unwillingly used in these advertisements, but it is impossible to pinpoint the exact individuals. So, for the purposes of the settlement, anyone who meets the eligibility requirements will be entitled to compensation.

The proposed settlement provides that Facebook will pay an all-inclusive sum of $51 million in exchange for a full and final release by the class of all the claims.

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A further hearing will be held at 10 a.m., March 13, in Vancouver to seek settlement approval. If approved, the settlement will bind all class members in the lawsuit.

Despite the big payout the class action lawyers estimate there may be 4.3 million people who qualify as eligible class members, making the payouts relatively small.

Douez should still walk a away with a payment of up to $10,000, but every other eligible claimant is only entitled to receive up to $200. Although, the exact amount is still to be determined based on the number of people in the class action suit.

Notices of the lawsuit so far have been sent out in a over inclusive manner, Rhone explained, to make sure all possible claimants are informed. However the final total will be much smaller.

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“It may be at most about 4.3 million people. It could be less,” Rhone said. “I've never heard of a class action like this where 100% of the people make a claim. It's usually, unfortunately, a fairly small percentage.

Once the judge reaches a decision on the final settlement during the approval hearing, MNP will send out an invitation to eligible class members to verify that they were a Facebook user at that time in one of the four provinces.

Fortunately for eligible class members, there are no extra steps to join the lawsuit at this time. All eligible members are automatically included.

More information about the lawsuit can be found here.

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