A class-action lawsuit has been filed by consumer associations against Meta, the parent company of Facebook, over a data breach. As of June 4, only 9,779 people have registered to join the lawsuit, according to the Ministry of Justice. The leader of the team handling the class-action lawsuit at the Federal Association of Consumer Centers (VZBV) emphasized the importance of more people learning about the possibility of joining the lawsuit.
The process of registering as a co-plaintiff is relatively simple, involving a few clicks on the internet. First, Facebook users can check if their phone number, which is stored with the company, was affected by the data breach. The VZBV has set up a search engine on its website for this purpose. After a check of the phone number, the user can register online with the Ministry of Justice to join the lawsuit. The VZBV provides a pre-written text for the claim after the initial check.
Meta, on the other hand, does not recognize an entitlement to compensation for the consumers and cites thousands of court proceedings in this regard. However, the Federal Court of Justice (BGH) has ruled in favor of the consumers, setting a precedent for German courts. The BGH considers a compensation of 100 euros as reasonable, as it sees the loss of control over one’s own data as an intangible harm.
In cases where significant restrictions are imposed on individual plaintiffs, the compensation can be significantly higher. The VZBV is seeking amounts up to 600 euros in the class-action lawsuit, for instance, if many very personal data were published online. According to the General Data Protection Regulation (GDPR), such information must be carefully protected. If this is not the case, a claim for compensation can arise.
Consumer advocates see good chances of obtaining a claim for compensation for the co-plaintiffs, thanks to the BGH’s ruling. The low number of co-plaintiffs is therefore surprising, but it can still change. Facebook users still have time to register for the lawsuit, as the deadline is three weeks after the end of the oral proceedings. The lawsuit is free of charge for the consumers, regardless of the outcome.
The oral proceedings for the class-action lawsuit are scheduled to begin on October 10 at the Higher Regional Court in Hamburg, which could indicate a potential settlement between Meta and the VZBV. As of now, there is no contact between the parties, according to the VZBV leader.