The landscape of biometric technology is rapidly evolving. In recent years, new and exciting biometric products, businesses, and service providers have entered the market. As a result, tools that were once pure science fiction have morphed into mundane aspects of modern life. Biometric technology itself is becoming a staple of business and consumer use alike. As the implementation of biometric technology spreads farther and wider, the impact of its regulation—and potential for class action litigation exposure—is already evident. Household names like Facebook, Shutterfly, TikTok, Walmart (and others) have entered into multi-million-dollar settlements to resolve biometric class actions. This article discusses existing/developing biometric technologies, the legal landscape, notable settlements, and provides practical guidance for companies using—or considering the use of—biometric technology.

Biometric technology is all around us. Whether clocking into work by scanning your fingerprint, unlocking a cellphone with your face, or virtually “trying on” a product via your smartphone camera, biometric technology is, quite literally, at our fingertips.

Originally published in the March–April 2022 edition of RAIL: The Journal of Robotics, Artificial Intelligence & Law (Vol. 5, No. 2).