Photobucket Class Action Lawsuit: Company Accused of Misusing User Photos

Case Overview: A class action lawsuit claims Photobucket misused user photos for biometric data collection and AI purposes without proper consent, violating privacy laws.  

Consumers Affected: Photobucket users whose photos were allegedly misused.

Court: U.S. District Court for the District of Colorado

For years, millions of people trusted Photobucket to store their cherished images—memories of family, friends, and personal milestones. Now, the company is accused of breaking that trust by allegedly repurposing billions of user-uploaded photos for biometric data collection and artificial intelligence (AI) purposes without proper consent.

According to the class action lawsuit filed by plaintiffs Mac Pierce, Niki Hughes, Sean Hughes, and Valerie Cumming, Photobucket collected and retained over 13 billion images on its servers. The complaint alleges the company is attempting to monetize these photos by licensing them to third parties for purposes like facial recognition and AI training, all without obtaining the necessary permissions from users.

Photobucket Coerced Users into New Terms, Lawsuit Claims

The plaintiffs contend that Photobucket misled users through coercive tactics, using emails that pressured account holders to agree to new terms of service. These emails, which appeared to offer options for keeping or deleting accounts, allegedly forced users to consent to updated policies that allowed Photobucket to use their photos for biometric and AI-related purposes.

The lawsuit claims that even inactive users who hadn’t accessed their accounts in years were targeted. Plaintiffs argue that these communications were designed to trick recipients into unwittingly agreeing to terms they didn’t fully understand.

Mac Pierce, a Chicago-based artist, stated that Photobucket used his stored images, including photos containing his face, without authorization. Niki Hughes, another plaintiff, shared similar concerns, claiming that images of her family, including her child, were included in the company’s alleged misuse. Valerie Cumming reported receiving repeated emails from Photobucket, despite having last accessed her account over a decade ago.

Lawsuit Alleges Photobucket Misused Photos for AI and Biometric Data

The lawsuit highlights growing concerns about the misuse of biometric data. Plaintiffs allege that Photobucket’s activities violated several laws, including Illinois’ Biometric Information Privacy Act (BIPA), which requires companies to secure informed, written consent before collecting biometric data.

The complaint also raises concerns over generative AI, which could use these photos to create “deep fake” images or derivative works, infringing on intellectual property rights and potentially leading to privacy violations. Plaintiffs argue that many individuals depicted in these photos never agreed to Photobucket’s terms and were unaware their images were being stored or used in this manner.

A Longstanding History of Photo Storage

Photobucket, once a leader in online photo storage, was founded in 2003 and rose to prominence during the MySpace era. It allowed users to upload, organize, and share images through embedded links on social media and blogs. Over time, its popularity waned, but the company continued to store billions of photos on its servers.

In recent years, Photobucket has sought to reinvent itself as a player in the AI industry. Plaintiffs allege this shift in business strategy exploited users who uploaded photos under different terms, believing their content would remain private and protected.

The plaintiffs are asking the court to halt Photobucket’s alleged misuse of user photos and to prohibit further licensing of images for biometric or AI purposes. They are also seeking damages, including $5,000 per willful violation under BIPA, and restitution for the alleged harm caused by these practices.

Case Details

• Lawsuit: Pierce et al. v. Photobucket, Inc. et al.
• Case Number: 1:24-cv-03432
• Court: U.S. District Court for the District of Colorado

Plaintiffs' Attorneys

• Daniel Twetten, Mike Kanovitz, Jon Loevy, Tom Hanson, Aaron Tucek, and Isaac Green (Loevy & Loevy)

Have you used Photobucket? What are your thoughts on this lawsuit? Share your opinion in the comments below.