“The prospect of an individual consumer litigating for £50 or £100 against Meta is, frankly, for the birds,” O’Donoghue emphasized.
Facebook Users To Certify £2.3B Data Claim: Tribunal’s Cautionary Pause
The tribunal had temporarily halted the proposed collective proceeding in February, citing concerns with the expert methodology explaining consumer compensation in the event of a successful trial. Gormsen was granted six months to restructure the opt-out claim.
Claimants’ Allegations: A Financial Blow to Facebook Users
The heart of the claim revolves around Facebook’s alleged practice of exchanging access to its network for control over users’ personal data. Claimants argue that Meta exploited this data, reaping excessive profits while users received no compensation for the information used by advertisers.
Facebook Users To Certify £2.3B Data Claim: Meta Challenges Counterfactual Scenario
Lawyers for Meta, represented by Tony Singla KC of Brick Court Chambers, contested the claimants’ counterfactual scenario for assessing losses. Singla argued that the class representative’s method lacks grounding in facts and questioned the feasibility of Facebook paying users.
The User Uprising: Automatic Inclusion and Opt-Out Dilemma
If the case is certified, all Facebook users in Britain between 2015 and 2019 will be automatically included in the claimants’ group, unless they explicitly opt out. The decision lies in the hands of Judge Marcus Smith and tribunal members Derek Ridyard and Timothy Sawyer.