Monday, October 5, 2015

Linkedin "add connections" functions legal disputes, what we should do?

I got this email from Linkedin few days ago. According some blogger and new reporting, this is true. The email I got looks like:

NOTICE OF PENDING CLASS ACTION AND NOTICE OF PROPOSED SETTLEMENT
PERKINS V. LINKEDIN CORP.
You are receiving this e-mail because you may have used LinkedIn's Add Connections feature between September 17, 2011 and October 31, 2014.
A federal court authorized this Notice. This is not a solicitation from a lawyer.
Why did I get this notice? This Notice relates to a proposed settlement ("Settlement") of a class action lawsuit ("Action") against LinkedIn Corporation ("LinkedIn") based on LinkedIn's alleged improper use of a service called "Add Connections" to grow its member base.
What is the Action about? The Action challenges LinkedIn's use of a service called Add Connections to grow its member base. Add Connections allows LinkedIn members to import contacts from their external email accounts and email connection invitations to one or more of those contacts inviting them to connect on LinkedIn. If a connection invitation is not accepted within a certain period of time, up to two "reminder emails" are sent reminding the recipient that the connection invitation is pending. The Court found that members consented to importing their contacts and sending the connection invitation, but did not find that members consented to LinkedIn sending the two reminder emails. The Plaintiffs contend that LinkedIn members did not consent to the use of their names and likenesses in those reminder emails. LinkedIn denies these allegations and any and all wrongdoing or liability. No court or other entity has made a judgment or other determination of any liability.
What relief does the Settlement provide? LinkedIn has revised disclosures, clarifying that up to two reminders are sent for each connection invitation so members can make fully-informed decisions before sending a connection invitation. In addition, by the end of 2015, LinkedIn will implement new functionality allowing members to stop reminders from being sent by canceling the connection invitation. LinkedIn has also agreed to pay $13 million into a fund that can be used, in part, to make payments to members of the Settlement Class who file approved claims. Attorneys representing the Settlement Class will petition the Court for payment of the following from the fund: (1) reasonable attorneys' fees, expenses, and costs up to a maximum of $3,250,000, and (2) service awards for the Plaintiffs up to a maximum of $1,500 each. The payment amount for members of the Settlement Class who file approved claims will be calculated on a pro ratabasis, which means that it will depend on the total number of approved claims. If the number of approved claims results in a payment amount of less than $10, LinkedIn will pay an additional amount up to $750,000 into the fund. If the pro rata amount is so small that it cannot be distributed in a way that is economically feasible, payments will be made, instead, to Cy Pres Recipients selected by the Parties and approved by the Court. No one knows in advance whether or in what amount payments will be made to claimants.
This is an interesting case about the customer privacy protection. We all know the Linkedin add friend function is annoying. It sneaky your contacts through your email account or social media webs. This is always a gray area the between end-user and the company who using these data. I send out the claim to see what will happen in the next move. I don't think we will get a big check by this case. But it will be interesting to follow the upcoming event. So you have also gotten this email, you can either choose to file a claim or just ignore it. To file a claim is pretty simple, you just click the link at the bottom of the email and enter your "Claim ID" and some of your personal information. You will get the check or money transfer in the next couple months.

For a data sciences research, this might be a case that we need to be aware of. These kind of legal dispute will be continued while the industry trying to collect and utilize more and more data from different sources - Web, SNS, Cellular and even the sensor around us. I believe some people will not be happy to see their data be leaked in this way. Maybe there would be another research subject to prevent or help this. We will see.

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