Scola v. Facebook Settlement

Plaintiffs Selena Scola, Erin Elder, Gabriel Ramos, April Hutchins, Konica Ritchie, Allison Trebacz, Jessica Swarner, and Gregory Shulman (“Plaintiffs”) brought this action on behalf of current and former Content Moderators who performed work for Facebook in California, Arizona, Texas, or Florida as an employee or subcontractor of one or more of Facebook’s Vendors between September 15, 2015 and August 14, 2020 (the “Class”). For purposes of this Settlement, “Content Moderator” means an individual who works in a group that reviews user-generated content posted to Facebook platforms to determine whether, or to train Artificial Intelligence to determine whether, such material violates Facebook’s Community Standards. “Facebook Vendor” means a vendor or subcontractor with whom Facebook has contracted to provide Content Moderator services and who (a) directly employed an individual as a Content Moderator; or (b) subcontracted with an individual to provide services as a Content Moderator.

Plaintiffs allege that Facebook failed to provide a safe work environment for Content Moderators, many of whom view and flag for removal graphic and objectionable material in order to make Facebook safe for the public. Plaintiffs allege that, as a result of repeated viewing of that material, Class Members were subjected to an increased risk of suffering trauma-related injuries and that they suffered bodily injuries.

The Settlement includes all claims asserted by the Plaintiffs in the lawsuit on behalf of themselves and the Class. As detailed below, the Settlement provides for payment of $52 million by Facebook, from which each Class Member will receive an automatic payment that may be used for medical screening and general damages for their exposure to potentially traumatic material. In addition, each Class Member may seek other payments for treatment of a qualifying diagnosis and other damages. Facebook also will implement significant reforms addressing the workplace practices challenged in this action, including: (1) requiring all U.S. Facebook Vendors to provide on-site coaching and standardized resiliency measures to all U.S. Content Moderators and (2) implementing tooling enhancements that mitigate the harmful effects of exposure to graphic or disturbing material.

In a class action lawsuit, one or more people called “Class Representatives” (in this case, Plaintiffs Scola, Elder, Ramos, Hutchins, Ritchie, Trebacz, Swarner, and Shulman) sue on behalf of other people (“Class Members”) who allegedly have similar claims. If a court approves of the case proceeding as a “class action,” that court decides the lawsuit for all Class Members.

In this case, the Class Representatives and Facebook reached a Settlement, subject to Court approval, to agree to a class action for purposes of Settlement. The Court certified the case as a class action solely for purposes of deciding whether to approve the Settlement. If the Settlement is not approved by the Court, the Class Members will not get the benefits of this Settlement, and the Plaintiffs will go back to court to continue their case.

The Settlement was reached through extensive arms’-length negotiations between experienced attorneys for Plaintiffs and for Facebook. The attorneys’ discussions were facilitated by a retired judge. Plaintiffs also retained two highly credentialed experts and worked closely with them to understand issues related to the diagnosis and treatment of trauma-related injuries and the safeguards needed to mitigate future harm. All parties believe that their respective interests are best served by entering into this Settlement, particularly given the risks inherent in complex class action litigation and the time it would take to bring the litigation to a conclusion.

Facebook denies that it has done anything wrong, while the Class Representatives believe that they would prevail if the case went to trial. In the interests of efficiency and avoiding substantial litigation costs, the parties decided to resolve the case through Settlement. In this way, the parties avoid the costs and risks of litigation and trial.

In determining whether to approve the Settlement, the Court will not decide who is right or wrong. Instead, it will determine whether the Settlement is fair, reasonable, and adequate under the circumstances. If the Court approves the Settlement as fair, reasonable, and adequate, it will enter a judgment extinguishing all claims of those represented in the lawsuit, subject to the terms of the Settlement.

You received this notice because employment records show that you may be a “Class Member”—meaning you were identified as a current or former Content Moderator who performed work for Facebook in California, Arizona, Texas, or Florida as an employee or subcontractor of one or more of Facebook’s Vendors between September 15, 2015 and August 14, 2020.

Notice of the Settlement was originally sent to Class Members in the fall of 2020. However, certain Class Members were unintentionally omitted from the original notice program because Facebook’s vendors failed to identify them. Now that all Class Members have been identified, the Court has approved the Supplemental Notice Program to ensure that all Class Members are apprised of their rights as part of the Class.

The Supplemental Notice Program mirrors the original notice program in all respects. The Supplemental Notice does not provide new or different information or rights than that which was in the original notice, except that certain dates have changed. The Supplemental Notice Program provides all Class Members an opportunity to exercise their rights to exclude themselves from, and to object to, the Settlement.

For a complete description of the Supplemental Notice Program, you can read the full Order Approving Supplemental Notice Program.

If you received notice of the Settlement addressed to you by email or a postcard mailed to you, then you are a part of the Settlement Class.

If you are a Class Member, you have several options. You may:

1. Participate in the Settlement and receive the benefits of the Settlement;
2. Object to the Settlement by filing and serving an objection by June 1, 2021 (this deadline has passed); or
3. Request to be excluded from the Settlement by submitting a request to be excluded by June 1, 2021 (this deadline has passed).

The Final Approval of the Settlement was granted on July 14, 2021. The Settlement became final on September 14, 2021, and Facebook paid the settlement consideration prior to September 29, 2021. The initial $1,000 payments were sent to Class Members by October 14, 2021, and Class Members had until March 14, 2022, to submit Claims documenting diagnoses and any other damages.

If you were diagnosed with a qualifying diagnosis, you may potentially receive further benefits if you timely submitted a valid Claim with your Diagnosis Verification Form and proper documentation of past medical expenses, lost wages, emotional distress, or any other damages you may have suffered.

The Claim filing deadline was March 14, 2022. Claims are no longer accepted.

The Settlement provides both monetary payments and practice and tooling enhancements to reduce the risks of exposure to graphic or disturbing material. The following is a summary of the Settlement benefits. For a complete description of the Settlement and what it obligates the parties to do, you can read the full Settlement Agreement.

Monetary Payments

Facebook has agreed to deposit $52 million into a settlement fund as compensation for the release of the Class’s claims. That payment will also cover any award for attorneys’ fees and expenses, service awards to the class representatives, and settlement administration costs.

All Class Members will receive a single payment of $1,000 that may, but is not required to, be used for medical diagnostic screenings. In exchange, all Class Members will give Facebook a release of claims relating to the conduct alleged in this lawsuit for injunctive relief, medical monitoring costs, and medical treatment costs, as well as the right to assert claims for other damages on behalf of a class or other aggregated basis.

If a Class Member submits documentation that a licensed medical provider has diagnosed the Class Member with a qualifying diagnosis, such as post-traumatic stress disorder, the Class Member will receive a further payment for treatment. TO RECEIVE ANY FURTHER PAYMENTS, THE CLASS MEMBER MUST SUBMIT EVIDENCE OF A QUALIFYING DIAGNOSIS. The payments associated with treatment will be tiered to reflect the expense required to treat various types of conditions.

Class Members diagnosed with a qualifying diagnosis will also have the option to submit a Claim for a further payment for damages for injuries they contend were caused by content moderation work they performed for Facebook. In exchange, these Class Members will give Facebook a full release of all claims relating to the conduct alleged in this lawsuit. TO RECEIVE A PAYMENT FOR OTHER DAMAGES, THE CLASS MEMBER MUST SUBMIT A CLAIM. Class Members will receive payments in one of four amounts; these amounts will reflect the amount of money remaining in the settlement fund, the extent of damages alleged, and the strength of supporting documentation submitted. These payments are capped at $50,000.

The Claim filing deadline was March 14, 2022. Claims are no longer accepted.

If any money remains in the settlement fund, every Class Member will receive an equal portion of the remaining funds (unless the amount of each payment would be less than $50). Cashing a check or retaining electronic payment of any portion of the remaining funds will constitute acceptance by the Class Member of the amount provided in exchange for a full release of all claims relating to the conduct alleged in this lawsuit. If any money remains after this final distribution to Class Members, it will be donated to the International Society for Traumatic Stress Studies, an organization that researches and advocates around issues of traumatic stress.

Class Members who do not submit Claims for damages based on a qualifying diagnosis will retain the right to bring individual claims for other damages in a streamlined arbitration, but will waive the ability to bring those claims on a class or aggregated basis or in court. All Class Members may opt out of the Settlement and preserve their right to present any and all of their claims in court.

Practice and Tooling Enhancements

Although Facebook denies Plaintiffs’ allegations and denies that its conduct is unlawful, the parties also have agreed that Facebook will implement certain policies and procedures designed to benefit Content Moderators. These policies and procedures are based on industry best practices for content moderation and were developed in consultation with experts hired by Plaintiffs. Among other things, Facebook has agreed to require its U.S. Facebook Vendors to implement the following business practice enhancements:

• Retain clinicians who are licensed, certified, experienced in mental health counseling, and familiar with symptoms of and DSM-5 Criteria for Post-Traumatic Stress Disorder (“PTSD”);
• Make these clinicians available during every shift that Content Moderators who are regularly exposed to graphic and objectionable content are working;
• Hold group wellness sessions on a monthly basis;
• Make available weekly one-on-one coaching or wellness sessions for Content Moderators regularly exposed to graphic and objectionable content;
• Provide Content Moderators with clear guidelines for how and when they may remove themselves from specific tasks involving graphic and objectionable content;
• Provide Content Moderators with information about these practice enhancements, as well as a telephone hotline number where compliance concerns can be reported directly to Facebook.

In addition, Facebook will implement standardized resiliency requirements across all of its contracts with its U.S. Vendors and will subject the Vendors to both formal audits and unannounced on-site compliance reviews. Facebook has agreed to make reasonable commercial efforts to ensure that its U.S. Vendors provide these practice enhancements to Content Moderators.

Facebook also will continue to roll out a suite of Well-Being Preference tools on the Single Review Tool platform used by Content Moderators. This will allow Content Moderators to change default settings that may mitigate their exposure to graphic and objectionable material, including:

• Viewing images in black and white;
• Blurring images;
• Blocking faces within images;
• Blurring video previews;
• Auto-muting videos on start;
• Previewing videos using thumbnail images when technically feasible; and
• Preventing automatic video playback.

These practice and tooling enhancements have been designed to help protect Content Moderators from the most harmful effects of exposure to graphic or disturbing material. Two nationally recognized experts in post-traumatic stress provided input into these measures and believe that these measures will benefit Content Moderators during their work.

Your participation in this class action Settlement will not be publicly disclosed, and if you filed a Claim, there will be no retaliation against you by Facebook, nor will Facebook take the position that you have violated any non-disclosure agreement (NDA).

The deadline for all Class Members to object to the Settlement passed on June 1, 2021.

Objections are no longer accepted.

The deadline for all Class Members to exclude themselves, object to the Settlement, and object to the disclosure of information passed on June 1, 2021. Exclusions, objections to the Settlement, and objections to the disclosure of information are no longer accepted.

The deadline for all Class Members to exclude themselves from the Settlement passed on June 1, 2021.

Exclusions are no longer accepted.

Objecting to the Settlement is telling the Court that you do not like something about the Settlement but that you still want to participate in the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement.

Objecting to the disclosure of your information is telling the Court that you do not want to share your information, including your name, email address, mailing address, and dates of employment with the Parties’ attorneys. Your decision to allow or not allow disclosure of your information will NOT affect your rights under the Settlement, including your rights to any relief the Settlement may provide.

Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Settlement. If you exclude yourself from the Settlement, you cannot object to the Settlement because it no longer affects you.

The deadline for all Class Members to exclude themselves, object to the Settlement, and object to the disclosure of information passed on June 1, 2021.

Exclusions, objections to the Settlement, and objections to the disclosure of information are no longer accepted.

You do not need to hire an attorney, but you can if you want to. The Class Representatives, you, and the entire Class are already represented by the attorneys listed below, who are known as “Class Counsel”:

Joseph R. Saveri
Steven N. Williams
Kevin Rayhill
JOSEPH SAVERI LAW FIRM, INC.
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940

Korey A. Nelson
Amanda Klevorn
BURNS CHAREST LLP
365 Canal Street, Suite 1170
New Orleans, LA 70130
Telephone: (504) 799-2845
Facsimile: (504) 881-1765

Warren Burns
Daniel Charest
Kyle Oxford
BURNS CHAREST LLP
900 Jackson St., Suite 500
Dallas, Texas 75202
Telephone: (469) 904-4550
Facsimile: (469) 444-5002

William Most
LAW OFFICE OF WILLIAM MOST
201 St. Charles Ave. Suite 114 #101
New Orleans, LA 70170
Telephone: (504) 509-5023

You do not need to pay for their services. They may be paid from the Settlement fund with the Court’s approval. If you decide to hire your own attorney, you will have to pay for his or her services yourself.

The Final Approval of the Settlement was granted on July 14, 2021. The Settlement became final on September 14, 2021, and Facebook paid the Settlement consideration prior to September 29, 2021. The initial $1,000 payments were sent to Class Members on October 14, 2021, and Class Members had until March 14, 2022, to submit Claims documenting diagnoses and any other damages.

The Claim filing deadline was March 14, 2022. Claims are no longer accepted.

The initial $1,000 payments were sent to Class Members by October 14, 2021, and Class Members had until March 14, 2022, to submit Claims documenting diagnoses and any other damages.

The Claim filing deadline was March 14, 2022. Claims are no longer accepted.

Class Members who qualify for Medical Treatment Payments will be sent their payments on May 31, 2022.

Class Members who qualify for Other Damages Payments were sent their payments on December 2, 2022.

Class Members were sent Residual Distribution Payments on July 11, 2023. By the end of October, Final reissue checks are anticipated to be sent for Residual Distribution Payments as paper checks.

Class Members whose Residual Distribution Payment was not claimed will be sent final reissue paper checks which are anticipated to be sent in October 2023.

A Belaire Notice, also known as a disclosure objection, is a communication, via email or postcard, sent to you, giving you the chance to object to the disclosure of your information to the Parties’ attorneys in this class action. If you choose to object to the disclosure, then information such as your name, email address, mailing address, and dates of employment will not be provided to the Parties’ attorneys.

The Parties’ attorneys in this class actions have agreed to use this information only for purposes of this lawsuit and have agreed not to disclose this information to anyone else.

You will not be rewarded or penalized in any way by Facebook or Facebook’s Vendors based on your decision to allow or not allow your contact information to be given to Plaintiffs’ attorneys.

As of June 1, 2021, the deadline for all Class Members to object to the disclosure of information has passed.

Disclosure objections are no longer accepted.

As of June 1, 2021, the deadline for all Class Members to object to the disclosure of information has passed.

Disclosure objections are no longer accepted.

If you filed a Claim, there will be no retaliation against you by Facebook, nor will Facebook take the position that you have violated any non-disclosure agreement (NDA).

The Claim filing deadline was March 14, 2022. Claims are no longer accepted.

If you filed a Claim, there will be no retaliation against you by Facebook, nor will Facebook take the position that you have violated any non-disclosure agreement (NDA).

A Diagnosis Verification Form is a document completed by your medical provider attesting that the medical provider is a qualified medical provider, attesting that you met the criteria for a qualifying diagnosis resulting in whole or in part from your work as content moderator for Facebook, and identifying your diagnosis or diagnoses.

The Diagnosis Verification Form should have been completed and signed by a medical provider who is licensed by a U.S. State or territory to provide healthcare services and who is qualified to diagnose patients with all the disorders in the Diagnostic and Statistical Manual of Mental Disorders (“DSM-5”).

If you already have a document from your medical provider that shows you received a qualifying diagnosis after you began your employment as a Content Moderator, you may have submitted that instead of a Diagnosis Verification Form. However, the Settlement Administrator may reach out to you for additional documentation if required.

In this matter a qualifying diagnosis includes one or more of the following: post-traumatic stress disorder, acute stress disorder, anxiety disorder, depression, or an unspecified trauma or stress-related disorder. If you have additional questions about any of these qualifying diagnoses, please consult with your physician.

We anticipate all reissued Phase 4 Residual Distribution payment checks will be mailed by the end of October. Checks will be issued to the most recent address associated with your record.

If you have recently relocated and did not update your mailing address, please ensure you have properly set up postal mail forwarding as this is the final reissue of Residual Distribution checks.

The initial $1,000 payments were sent to Class Members on October 14, 2021.

The Claim filing deadline was March 14, 2022. Claims are no longer accepted. After the Claim filing deadline, the Settlement Administrator will process the Claims.

Class Members who qualify for Medical Treatment Payments will be sent their payments on May 31, 2022.

Class Members who qualify for Other Damages Payments were sent their payments on December 2, 2022.

Class Members were sent Residual Distribution Payments on July 11, 2023. By the end of October, Final reissue checks are anticipated to be sent for Residual Distribution Payments as paper checks.

Class Members whose Residual Distribution Payment was not claimed will be sent final reissue paper checks which are anticipated to be sent in October 2023.

As of October 16, 2023, the Payment Election page of this Settlement Website is closed. We anticipate all reissued Phase 4 Residual Distribution payment checks will be mailed by the end of October. Checks will be issued to the most recent address associated with your record.

If you have recently relocated and did not update your mailing address, please ensure you have properly set up postal mail forwarding as this is the final reissue of Residual Distribution checks.

In order to ensure your payment is safely sent to you as the recipient, we have instituted preventative measures to eliminate potential fraud. To ensure your payment is only sent to you, we have issued you a Check.

You may request your Unique ID and PIN by calling the Settlement phone line at 1-855-917-3515 and speaking with an agent. Agents are available Monday-Friday 6:00 a.m. to 6:00 p.m. PT, except for recognized legal holidays. You may also send your request by email to info@contentmoderatorsettlement.com.

In accepting the Other Damages Release by cashing a check or accepting an electronic payment, the Class Member agrees to release all Other Damages against the released Defendant Parties ("Facebook, Inc."). The Class Member will be unable to bring any future Other Damages action against the release Defendant Parties with respect to the underlying content of the Settlement Agreement.

The Residual Distribution Payment was calculated in accordance with the Settlement Agreement and the Plan of Distribution. All Class Members received an equal portion of the remaining funds, after all other payments were attempted for previous payment phases.

The Residual Distribution payment sent on July 11 2023, was the final payment for the Scola, et al. v. Facebook Settlement.

No further payments will be made in the Scola, et al. v. Facebook Settlement.

Class Members whose Residual Distribution Payment was not claimed, will be sent final reissue paper checks which are anticipated to be sent in October 2023.