A lawsuit over Facebook user tracking when a user is logged out of Facebook was dismissed by a U.S. judge as the plaintiffs failed to show a reasonable expectation of privacy and suffered realistic harm or loss.
This case revolves around the use of Facebook like buttons on third party websites and the storing of cookies.
But the judge said the plaintiffs could have taken steps to keep their browsing histories private, and failed to show that Menlo Park, California-based Facebook illegally "intercepted" or eavesdropped on their communications. Judge Dismisses Facebook User Tracking Lawsuit [reuters.com]
So, there you have it. They could have taken steps to stop this, and actually didn't suffer harm or financial loss.
Sounds to me as if the plaintiff's legal team wasn't good enough, imho.