Clearview AI, the notorious facial recognition software that scraped pictures from the world’s social media and then sold them to the police for a perpetual line-up, has been hit with a blizzard of well-deserved litigation. Cases from all over the country were consolidated, and a class action settlement was proposed. It’s a doozy – and not in a good way.
Clearview whined that a traditional large cash settlement divided among the potential millions of plaintiffs (literally everyone in the United States who ever posted or had posted a head shot to an Internet website) would bankrupt them. This didn’t strike us a problem, but apparently it gave the judge pause because they settled on a novel solution. Giving you a very teensy piece of Clearview AI.
Yes, you heard that right. In lieu of the usual embarrassing reward of a few dollars for privacy abuse, you and all of your co-plaintiffs in the class will get a now worthless interest in Clearview AI (approximately 28% of the total) so if or when the company issues an initial public offering (IPO) or is sold to another company, the class could then cash out as a group. If that doesn’t happen, we all get zilch.
This is wrong in so many different ways. Apart from the not remote possibility that the class never receives a single penny for their privacy harms because Clearview stays privately owned, doesn’t sell or goes bankrupt anyway, the proposed settlement basically forces you to be complicit with the company’s actions and literally root for their success after they stole your pictures without your consent.
Class actions are terminally disappointing, but this one is especially egregious and it is worthy of special attention. We think you should opt out. Not just as a protest, but to preserve your rights in the event of further litigation. Here is how to do it. The deadline is September 20th.
You can an email to: exclusions@clearviewclassaction.com
If you are one of those people who likes envelopes and stamps: you can mail a note to:
In re Clearview Al, Inc. Consumer Privacy
Litigation Settlement Administrator
P.O. Box 2409, Portland, OR 97208-24
The suggested text for your letter or note is below, and you must sign (either electronically or with a pen) your opt-out statement. An email without an electronic signature will not constitute an opt out.
Dear Administrator,
My name is [INSERT YOUR NAME HERE]. My mailing address is [INSERT ADDRESS HERE]. I am writing about the settlement in In re: Clearview AI, Inc. Consumer Privacy Litigation, Civil Action File No. 1:21-cv-00135 (N.D. Ill.). I wish to be excluded from the Settlement Class for the purposes of this Settlement. [Print your name and then sign or insert the electronic signature].
If you’d like some help with your email, there is an automated form provided courtesy of Fight for the Future here.
Remember September 20th is the cutoff date so put this in your calendar now to make sure you do it!