Fraley v. Facebook, Inc.

966 F. Supp. 2d 939, 86 Fed. R. Serv. 3d 572, 2013 WL 4516806, 2013 U.S. Dist. LEXIS 124026
CourtDistrict Court, N.D. California
DecidedAugust 26, 2013
DocketNo. C 11-1726 RS
StatusPublished
Cited by16 cases

This text of 966 F. Supp. 2d 939 (Fraley v. Facebook, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fraley v. Facebook, Inc., 966 F. Supp. 2d 939, 86 Fed. R. Serv. 3d 572, 2013 WL 4516806, 2013 U.S. Dist. LEXIS 124026 (N.D. Cal. 2013).

Opinion

ORDER GRANTING MOTION FOR FINAL APPROVAL OF SETTLEMENT AGREEMENT

RICHARD SEEBORG, United States District Judge.

I. INTRODUCTION

The proposed settlement class in this action consists of some 150 million members of defendant Facebook, Inc.’s eponymous social network website, whose names and/or likenesses allegedly were misappropriated to promote products and services through Facebook’s so-called “Sponsored Stories” program. The parties now seek final approval of a settlement that will result in small cash payments to the relatively low percentage of class members who filed claims, and cy pres payments of several millions of dollars to certain organizations involved in internet privacy issues. The settlement also requires Facebook to make changes to the Statement of Rights and Responsibilities (“SRRs”) it contends governs use of its site, and to implement additional mechanisms giving users greater information about, and control over, how their names and likenesses are employed in connection with Sponsored Stories.

The original settlement agreement proposed by the parties did not win prelimi[941]*941nary approval. The parties responded with a new proposal, earning such approval and triggering notice to potential class members. A number of objectors contend that the updated settlement proposal should not receive final approval for a variety of reasons. Among the objections most vigorously advanced is an argument that the settlement does not appropriately handle issues related to minors.

The record leaves no doubt that this settlement was the product of arms-length negotiations and compromise. Although the monetary relief to each class member is relatively small and the percentage of class members who submitted claims is limited, the settlement as a whole provides fair, reasonable, and adequate relief to the class, in light of all the circumstances, including the low probability that a substantially better result- would be obtained through continued litigation. The injunctive relief, while not incorporating all features that some of the objectors might prefer, has significant value and provides benefits that likely could not be obtained outside the context of a negotiated settlement, even if plaintiffs were to prevail on the merits.

If “Sponsored Stories” had undisputedly violated the law and represented the gross invasion of class members’ rights as characterized by the complaint, then the adequacy of the settlement would, of course, be viewed through a very different lens. Plaintiffs’ allegations and theories, however, remain largely untested, having only survived a motion to dismiss. Substantial barriers to recovery remained, not the least of which would be the requirement to demonstrate that the complained-of conduct caused cognizable harm. Placing those and other factors discussed below in the balance, the proposed settlement warrants final approval.

II. STANDARD OF REVIEW

A district court’s approval of a class-action settlement must be accompanied by a finding that the settlement is “fair, reasonable, and adequate.” Fed.R.Civ.P. 23(e). The fairness of a settlement must be evaluated as a whole, rather than by assessing its individual components. Hanlon v. Chrysler Corp., 150 F.3d 1011, 1026 (9th Cir.1998). Crucially, the question whether a settlement is fundamentally fair within the meaning of Rule 23(e) is not the same as asking the reviewing court if perfection has been achieved. See id. at 1027. Although Rule 23 imposes strict procedural requirements on the approval of a class settlement, a district court’s only role in reviewing the substance of that settlement is to ensure that it is “fair, adequate, and free from collusion.” See id.

A number of factors guide in making that determination, including:

the strength of the plaintiffs’ case; the risk, expense, complexity, and likely duration of further litigation; the risk of maintaining class action status throughout the trial; the amount offered in settlement; the extent of discovery completed and the stage of the proceedings; the experience and views of counsel; the presence of a governmental participant; and the reaction of the class members to the proposed settlement.

Id. at 1026 (hereinafter the “Hanlon factors”). Additionally, when (as here) the settlement takes place before formal class certification, settlement approval requires a “higher standard of fairness.” See id. More exacting review of class settlements reached before formal class certification ensures that class representatives and their counsel do not secure a disproportionate benefit “at the expense of the unnamed plaintiffs who class counsel had a duty to represent.” See id. at 1027; see [942]*942also In re Gen. Motors Corp. Pick-Up Truck Fuel Tank Prods. Liab. Litig., 55 F.3d 768, 787 (3rd Cir.1995) (explaining that “[w]ith less information about the class” at the early stage before formal class certification, the court “cannot as effectively monitor for collusion, individual settlements, buy-offs (where some individuals use the class action device to benefit themselves at the expense of absentees), and other abuses”).

III. DISCUSSION1

A. Fairness and Adequacy

This settlement was achieved through negotiations mediated by a renowned retired federal magistrate judge following months of active, adversarial, litigation. The viability of the pleading had been tested through motion practice, and class certification issues were fully briefed. The parties had engaged in substantial discovery. There is no basis to conclude that the negotiations were anything other than a good faith, arms-length attempt by experienced and informed counsel to resolve this matter through compromise. As such the settlement is entitled to a degree of deference as the private consensual decision of the parties. See Hanlon, 150 F.3d at 1027.

1. Odds of recovery

In bringing this action, plaintiffs understandably characterized the facts in the light most favorable to them. Under that characterization, Sponsored Stories represents a shocking overreach by Facebook, in which it, without its users’ consent, features users’ names and likenesses in commercial advertising, and makes significant profits by doing so. Facebook, however, has a different description of its program. Users- knowingly choose to indicate that they “like” certain entities or activities on Facebook. Even if users have never read Facebook’s SSRs, they know that their “likes” typically will appear on the “news-feeds” of their Facebook friends, subject to whatever limitations they have imposed through using privacy settings. Sponsored Stories, in Facebook’s view, does nothing more than take information users have already voluntarily disclosed to their “friends,” and sometimes redisplays it to the same persons, in a column that also contains more traditional paid advertising. While Facebook indisputably earns money from the Sponsored Stories program, it contends that its return is actually less than from available alternative types of advertising.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
966 F. Supp. 2d 939, 86 Fed. R. Serv. 3d 572, 2013 WL 4516806, 2013 U.S. Dist. LEXIS 124026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraley-v-facebook-inc-cand-2013.