Weekly Update: Important Class Action Lawsuits Everyone Should Review
- Author: William Asher
- Posted: 2024-09-30
Many people have difficulty keeping track of all of the pending and settled class action lawsuits that occur in the United States at any time. It's no surprise given that it can sometimes seems like a new class action lawsuit occurs every day. Yet, some class action lawsuits have a tremendous impact not only on those currently affected by them but also on how courts handle similar cases in the future. These class action lawsuits often deal with individual rights and protections. Read on to learn more:
No Warrant Arrests in Indiana
On Monday, May 16, 2022, Judge Sarah Barker, a federal judge in the Southern District of Indiana, approved a settlement between Madison County / Madison County Sheriff's Department and 354 class members based on a no warrant detention lawsuit filed in 2017. Per the claim initially filed by Mark Long and Christopher C. Myers & Associates, the Sheriff's Department arrested and detained Long and other class members without a judicial probable cause determination or a warrant. The detainees were held in the local jail for 48 hours or more without being given any type of notification about the charges used to hold them or a court appearance.
Judge Barker awarded $5,000 to Long, a minimum of $1,344 per member to all other class members and an additional $28 per hour to each member for every hour they were in jail after the first 48 hours. She awarded the law firm $350,000. Additionally, 18 people will receive part of a $200,000 award for special damages that occurred during incarceration, such as psychological or physical injury or job loss. Another 123 people were identified as class members, but couldn't be located or contacted, which resulted in them being left out of the settlement. Madison County's insurance carrier must deposit at least $417,012 to a special account within the next 30 days for settlement distribution.
As Judge Barker pointed out, Christopher C. Myers & Associates has discovered sheriff's departments in other counties whose employees detained people in the same manner and has filed 11 additional class action lawsuits. She noted that all country sheriff's need to keep better "careful" records about the people they detain.
No Consent Data Storage in Illinois
On May 9, 2022, Facebook began distribution of funds via electronic payments and paper checks to approximately 1.4 million Illinois Facebook users who claimed class membership in a lawsuit against the company. The initial lawsuit claimed that Facebook scanned and retained their biometric facial data after June 7, 2011 when using Face Recognition and Tag Suggestions tools without appropriate consent under Illinois law.
Illinois is one of only a few states that specifically address the collection and retention of private biometric data without consent in its Biometric Information Privacy Act. Although Facebook denied wrongdoing when it settled the case in 2021, it shut down both tools. The previously agreed upon settlement of $650 million established that each claimant would receive $200 to $400. Any claimant who fails to receive their payment by mid-June should contact the settlement administrator.
Social networking companies are increasingly retaining, using and even manipulating the data of platform accountholders without clearly explaining their policies to users or gaining the appropriate level of consent. Some companies don't consider this a breach of trust or security risk for users. Facebook didn't immediately choose to settle. Instead, the company argued the case through its lawyers for many years. Eventually, Facebook offered a settlement in exchange for not having to admit wrongdoing. Class members agreed because a trial might not have resulted in any payments at all.
Things to Keep in Mind
These two cases might not seem like especially important news to anyone outside of Indiana or Illinois until you recognize that they point to disturbing trends occurring nationwide:
The no warrant case brings to light a frightening trend of corner cutting during arrests and poor record keeping that is a breach of trust between law enforcement and the public. These events can also quite literally result in physical and mental harm and job loss. It also sets a precedent that will make it easier for future claimants who have been detained for more than 48 hours without probable cause or a warrant to receive justice.
The no consent case provides insight into an unsettling trend of what some people describe as essentially data theft by large companies whose leaders feel entitled to all information posted by users, including data shared via privacy tools or posted by one user about another user who didn't consent to the sharing or company storage. Cases like this one won't stop misuse of private biometric data by companies, but it does make it easier for users of social networks to demand the "right to be forgotten" on these platforms and even file personal injury or other lawsuits when their data is handled in dangerous or negligent, nonsecure ways they didn't permit.
