Fraley, et al. v. Facebook Inc., et al.

In this class action lawsuit, Analysis Group was retained by Cooley LLP on behalf of defendant Facebook in a matter pertaining to Facebook's use of information about members' activity on its site. Plaintiffs claimed that the social network used members' personal content and activity information (such as "liking" a product or service) without members' consent to create "Sponsored Stories" content about their activity. Plaintiffs also claimed that the social network failed to provide a mechanism for members to opt out of Sponsored Stories. Our affiliated expert, Professor Randolph Bucklin of the University of California, Los Angeles, rebutted an opposing expert regarding class certification issues. In his declaration, Professor Bucklin explained how the plaintiffs' proposed method for establishing injury certainly overstated harm in some instances, and therefore would award incorrect damages for individual class members. He also illustrated flaws in the plaintiffs' method through examination of data on Sponsored Stories involving the named plaintiffs. Professor Bucklin was supported by Analysis Group Managing Principal Christopher Borek and Vice President Peter Simon. The parties reached an agreement to settle the matter.