Facebook Post-Logout Internet Tracking

DiCello Levitt secured a historic settlement in a twelve-year data privacy class action against Facebook.

Callout image for Facebook case reads 90 million dollars in monetary relief and industry-shifting injunctive relief marked one of the ten largest privacy class action settlements in U.S. history.

For more than a year, Facebook tracked its users’ browsing activity across the web, even after they had logged out of the platform, despite express representations to the contrary. DiCello Levitt led a class action lawsuit to hold Facebook accountable for this unauthorized data collection and helped secure a historic settlement, reshaping the future of digital privacy litigation.

What Happened?

In 2011, Facebook admitted to tracking users’ activity on third-party websites after they logged out. Dozens of cases were filed shortly after this disclosure, accusing Facebook of intercepting web communications without user consent and misappropriating personal data for its own benefit. DiCello Levitt served as Co-Lead Counsel in the action, which ultimately made two trips to the Ninth Circuit and two trips to the United States Supreme Court before finally resolving.

The legal claims advanced by DiCello Levitt and its co-counsel broke new ground, asserting that Facebook users had standing to pursue economic damages for the unlawful copying and monetization of their personal data—claims that were bolstered by extensive discovery. The Ninth Circuit also held that Facebook was not a party to the communication under the one-party consent exception to the Wiretap Act, so its “consent” to the tracking was not relevant to the case.

How Were Users Affected?

Millions of Facebook users had their private browsing activity monitored without their knowledge or permission. The data, collected between 2010 and 2011, gave Facebook access to sensitive information about users’ habits, interests, and communications, raising serious concerns about digital privacy and consumer rights.

Our Leadership in the Case

The amended complaint pursued novel legal theories that reshaped privacy law. After initial dismissal by the district court, the U.S. Court of Appeals for the Ninth Circuit issued a precedent-setting decision recognizing that the unlawful monetization of user data can cause economic harm, even if the data’s value isn’t diminished.

DiCello Levitt later won final approval of a $90 million non-reversionary settlement in 2022 and secured injunctive relief requiring Facebook to sequester and delete the data it had improperly collected—the first-ever nationwide data-deletion injunction in a class action. The Ninth Circuit affirmed the settlement in 2024, rejecting objections and reinforcing the legal standards for future privacy claims.

Our team not only delivered compensation to affected users but also secured a rare agreement to destroy misappropriated data—setting a new benchmark in privacy litigation.

This case is In re Facebook Internet Tracking Litigation. The DiCello Levitt team was led by David Straite and included Amy Keller and Adam Prom.

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