After millions of data were stolen from Facebook more than six years ago, the Hanseatic Higher Regional Court in Hamburg today dealt with a class action lawsuit against Meta.
The Federal Association of Consumer Organizations wants to use a model declaratory action to ensure that those affected can claim damages from the international Facebook parent company Meta in Ireland more easily than before.
From the point of view of the consumer advice center, Meta violated data protection law by enabling data theft. The technology company inadequately protected users and informed them about the leak. The consumer advice center advocates that those injured receive at least 100 to 600 euros. The more data was accessed, the higher the payment would have to be.
Model declaratory actions, known for example from the VW emissions scandal, were introduced by the legislature in November 2018. They enable consumer associations to sue on behalf of injured parties. If the lawsuit is successful, consumers can rely on the judgment to enforce claims for damages. In practice, consumers do not always have to sue again – for example if a settlement is reached.
What did the negotiation result?
After the first day of negotiations, it is still unclear whether the Hanseatic Higher Regional Court is even responsible for the class action lawsuit against Meta. The presiding judge ended the day of the trial early.
The reason for the short negotiation was that the consumer advice center’s lawyers announced new applications at short notice. These deviated from the statement of claim, said a court spokeswoman. There was no time for the meta-lawyers and the court to prepare. Another hearing date should be announced.
What type of data theft is involved?
The incident happened years ago: In April 2021, data from more than 530 million Facebook users from more than 100 countries was spread on the dark web. According to consumer advice centers, around six million people in Germany are said to have been affected. The data theft was possible because profiles on the social network could be found via phone numbers, depending on the settings. In this way, user ID, first and last name, country and gender were linked to the telephone number. The data was collected from January 2018 to September 2019.
What consequences did the data breach have for Meta?
After an audit, the responsible Irish data protection authority imposed a fine of 265 million euros on Meta Platforms Ireland Limited in 2022. There were thousands of lawsuits against Meta in Germany, with the company winning many cases in the lower courts. For a long time it was controversial under which conditions plaintiffs could claim damages. In November last year, the Federal Court of Justice decided that proof of being among the victims of data theft was sufficient.
How many citizens are participating in the class action lawsuit?
The consumer advice center said that more than 14,000 people had joined the lawsuit by the beginning of October. Anyone who would like to register a claim can enter their data on the website of the Federal Office of Justice in order to be entered in the collective action register. Registration is possible retrospectively up to three weeks after the end of the oral hearing at the latest. Anyone interested can check via the consumer advice center online to see whether they were affected by the data breach.
What does Meta say about the class action lawsuit?
Meta described the lawsuit as inadmissible in a statement. It should not be pursued further by the court. The company expressed confidence that the Higher Regional Court would accept Meta’s arguments. Individuals should carefully consider the facts before joining the lawsuit, it said. According to the announcement, the technology company is represented in the process by the major law firm Freshfields.
Meta shares, listed on the NASDAQ, lost 3.82 percent to $705.50.
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HAMBURG (dpa-AFX)
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