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Filing: Clearview AI proposes settling a class action lawsuit by collectively giving a 23% stake, worth ~$52M, to Americans whose faces are in its database

The facial recognition start-up doesn't have the funds to settle a class-action lawsuit, so lawyers are proposing equity for those whose faces were scraped from the internet.

New York Times Kashmir Hill

Context & Ripple Effects

Clearview AI's proposed equity-based resolution follows the 2020 Illinois privacy suit over alleged scraping and sale of residents' photos without consent, which put its data-collection model under legal challenge.

The company had already agreed to restrict access to its facial-recognition database for most U.S. businesses in a separate ACLU settlement, narrowing an important commercial channel. The new proposal makes litigation a direct claim on the company's ownership rather than simply an operating expense.

First-order effects

  • If approved, Americans covered by the class would collectively receive a 23% ownership stake valued in the filing at about $52 million, while existing Clearview shareholders would be diluted.
  • Clearview can propose resolving the claim without a cash payment it says it cannot fund, but claimants would receive an illiquid interest whose eventual value depends on the company.

Second-order effects

  • The proposal turns privacy litigation into a capital-structure issue for Clearview: future fundraising, investor returns, and governance would need to account for the enlarged claimant ownership base.
  • For companies built on disputed biometric-data practices, the case underscores that restricting sales channels and facing class claims can compound, raising the cost of capital alongside legal costs.

Third-order effects

  • If courts accept equity as a remedy where cash-constrained data firms face large privacy classes, victims may increasingly share in upside rather than receive prompt cash compensation—though the practical value of that remedy will hinge on liquidity and company performance.
  • The case points toward a more durable collision between large-scale biometric databases and consent-based privacy claims, with the economic consequences extending from compliance into company ownership.

The trend: AI and biometric-data companies are increasingly finding that data-rights disputes can reshape both product access and the ownership structure used to finance growth.

Discussion

  • @swiftstories Mike Swift on x
    Interesting to see what settlement is! I've never seen a #privacy class action settlement like this one, will be fascinating to see if Judge Sharon Johnson Coleman goes for it. How soon will Clearview's IPO be, I would ask. https://www.ilnd.uscourts.gov/ ...
  • @montezumachavez Luis Montezuma on x
    Clearview AI, Inc., Consumer Privacy Litigation The Settlement Agreement before the Court, if approved, will resolve twelve class actions filed. Specifically, Plaintiffs allege that Clearview unlawfully collected their biometric facial geometry by “scraping” their photos. [image]
  • @kashhill @kashhill on x
    Jay Edelson, who has waged many a class action lawsuit against tech companies, including Clearview AI, said the proposed settlement had an “ick factor.” People who objected to what Clearview did would now have a financial interest in the company doing more of it.
  • @kashhill @kashhill on x
    An Indiana police officer resigned after misuse of Clearview AI https://www.courierpress.com/ ... [image]
  • @snowjake Jake Snow on x
    The rules governing surveillance tech must take into account that the police don't follow the rules.
  • @swiftstories Mike Swift on x
    Settlement would allow class to opt for “cash demand” settlement based on 17% of Clearview's GAAP revenue over a multiyear period. Filing said #Clearview was valued at $225M in a 3rd-party valuation earlier this year. So 23% of that would be $51.75M. https://content.mlex.com/...
  • @kashhill @kashhill on x
    It's an interesting proposed remedy for an AI company that scraped a ton of data from the internet without anyone's consent. What if courts across the land wound up granting all of us equity in all the companies that have pushed out generative AI products?
  • @gspeng Dr Grace Peng on x
    AI illegally scraped everyone's photos on the internet. Lost lawsuit, claims they can't pay the settlement. Instead, they are offering equity in their company from those they harmed. So victims will have an interest in seeing them financially succeed in stealing more content. Wtf
  • @kashhill @kashhill on x
    Clearview AI doesn't have enough money to pay a settlement in the federal class action lawsuit in Illinois. Instead it would offer the class — every American who has a public photo on the Internet, so basically everyone — a 23% stake in the company. https://www.nytimes.com/...
  • @kashhill @kashhill on x
    Clearview is currently valued at $225 million says mediator, who reviewed confidential financial documents. So the class's stake would be around $52 million at the current value. Lawyers would get “no more than 39.1%” of that. Judge still needs to approve the settlement.
  • @swiftstories Mike Swift on x
    Controversial #facialrecognition startup #ClearviewAI has reached what plaintiffs told a federal judge in Chicago is a “unique” and “creative” deal to settle #BIPA #privacy litigation for 23% of @clearviewai value in an IPO, or an estimated $52 million, @mlexclusive reported [ima…