SOMI Foundation starts new €12.7 billion case against Meta (Facebook), collective case against TikTok proceeds

Amstelveen, October 25, 2023 – Market Information Research Foundation (SOMI) announces new litigation against Meta for privacy violations on Facebook. In this new case, SOMI is claiming €10.5 billion from this big tech company on behalf of all Dutch Facebook users.

The announcement follows success for SOMI in the TikTok case. In that case, SOMI represents the interests of all underage TikTok users in the Netherlands. The Amsterdam court declared SOMI admissible. This paves the way to now deal with the merits of the case.

New case against Meta

After extensive investigation into Meta, including the Facebook data breach of April 2021 and other ongoing violations of privacy law (GDPR), SOMI is hereby announcing a new class action lawsuit.

Meta has violated privacy laws on a large scale by giving unauthorized persons access to the personal data of Facebook users. This resulted in a data breach that affected more than 5 million people in the Netherlands. In addition, Meta has been transferring personal data of its users for years to countries that do not provide an adequate level of data protection, including the US. Finally, Meta has been processing personal data for personalized advertising purposes for years without the required consent of the persons involved.

SOMI estimates the amount of compensation at € 500 for each Dutch user of Facebook and € 1,000 for each Dutch user affected by the data breach of April 2021. Registration is now open at www.facebookleak.org . Participants who join this campaign before January 1, 2024 will receive free credits for services on the SOMI app, worth €15. Participation is free.

Download the SOMI app from the Google and Apple stores to see which of your data is involved in this data breach. 

Verdict in the TikTok case

In the judgment of October 25, 2023, the Amsterdam court today ruled that SOMI is admissible in the proceedings against TikTok, in which SOMI stands up for the harassment of all underage TikTok users in the Netherlands. The other two foundations, Take Back Your Privacy Foundation and Massaschade & Consument, must first renegotiate agreements with their respective commercial litigation funders. The court will then decide whether they are also financially sufficiently independent to be declared admissible.

SOMI is pleased to move forward with the lawsuit so that we can achieve justice for those who have suffered harm and legally demand that TikTok stop its unlawful practices. This is great news for the parents and children in the Netherlands whose rights have been violated by TikTok.

After the court has decided on the admissibility of the other foundations, one of the foundations will be appointed as lead plaintiff (the “ exclusive representative ”). At present, only SOMI is eligible for this.

The next step is that there will be a period of standstill for settlement negotiations with TikTok. If a settlement is reached, the court will have to approve it. If no settlement is reached, legal proceedings will have to continue to enforce compensation for the TikTok users.

The substantive treatment will probably take place in 2024. All victims will also be given the opportunity to unsubscribe from this claim, for example if they do not agree with the claim or because they would prefer to independently initiate a case against TikTok.

It is possible that an appeal will be lodged against the judgment of October 25, for example because TikTok does not want to accept the admissibility of SOMI.