如果你也用过职场社交服务 LinkedIn 的 “Add Connections” 功能,恐怕你的朋友一定很讨厌你——LinkedIn 会获取使用你邮箱的权限,然后给你所有的邮箱联系人发一封邮件,告诉他们:Hi,我注册 LinkedIn 了,你为什么不一起呢?

就是因为这样近似于骚扰的垃圾邮件功能,LinkedIn 在美国成为了一桩集体诉讼的被告者,罪名是发送垃圾邮件和侵犯隐私……原告指出,Add Connections 功能没有像说的那样只发出了一封邮件,而是发出了两封邮件。这多出的一封,在法律上很容易被判定为垃圾邮件。


LinkedIn 坚持宣称自己没有过错,但还是选择乖乖交钱和原告和解。按照和解协议,这家公司将需要偿付总计 1300 万美元的和解赔偿金,包括大约325万美元的律师费用,和原告团中每位原告美元的赔偿——每位原告可获得的和解赔偿金,照原告的总数量计算,最高不超过 1500 美元,最低不低于 10 美元。和解协议还提到,如果最终原告总数太多,导致每位原告收到的和解赔偿金的金额太小,出现不“经济”的情况,LinkedIn 还将额外提供 75 万美元来帮助更好地偿付和解赔偿金。

而 LinkedIn 向自己的用户告知这起案件的方式也十分……有病……

就在上周五,LinkedIn 向所有在 2011 年 9 月 17 日到 2014 年 10 月 31 日之间可能使用过 Add Connection 服务的用户,发送了一封邮件……告知了自己被集体诉讼的情况……


You are receiving this e-mail because you may have used LinkedIn’s Add Connections feature between September 17, 2011 and October 31, 2014.

A federal court authorized this Notice. This is not a solicitation from a lawyer.

Why did I get this notice? 

This Notice relates to a proposed settlement (“Settlement”) of a class action lawsuit (“Action”) against LinkedIn Corporation (“LinkedIn”) based on LinkedIn’s alleged improper use of a service called “Add Connections” to grow its member base.

What is the Action about? 

The Action challenges LinkedIn’s use of a service called Add Connections to grow its member base. Add Connections allows LinkedIn members to import contacts from their external email accounts and email connection invitations to one or more of those contacts inviting them to connect on LinkedIn. If a connection invitation is not accepted within a certain period of time, up to two “reminder emails” are sent reminding the recipient that the connection invitation is pending. The Court found that members consented to importing their contacts and sending the connection invitation, but did not find that members consented to LinkedIn sending the two reminder emails. The Plaintiffs contend that LinkedIn members did not consent to the use of their names and likenesses in those reminder emails. LinkedIn denies these allegations and any and all wrongdoing or liability. No court or other entity has made a judgment or other determination of any liability.

What relief does the Settlement provide? 

LinkedIn has revised disclosures, clarifying that up to two reminders are sent for each connection invitation so members can make fully-informed decisions before sending a connection invitation. In addition, by the end of 2015, LinkedIn will implement new functionality allowing members to stop reminders from being sent by canceling the connection invitation. LinkedIn has also agreed to pay $13 million into a fund that can be used, in part, to make payments to members of the Settlement Class who file approved claims. Attorneys representing the Settlement Class will petition the Court for payment of the following from the fund: (1) reasonable attorneys’ fees, expenses, and costs up to a maximum of $3,250,000, and (2) service awards for the Plaintiffs up to a maximum of $1,500 each. The payment amount for members of the Settlement Class who file approved claims will be calculated on a pro rata basis, which means that it will depend on the total number of approved claims. If the number of approved claims results in a payment amount of less than $10, LinkedIn will pay an additional amount up to $750,000 into the fund. If the pro rata amount is so small that it cannot be distributed in a way that is economically feasible, payments will be made, instead, to Cy Pres Recipients selected by the Parties and approved by the Court. No one knows in advance whether or in what amount payments will be made to claimants.





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