On May 23, 2016, plaintiffs and Illinois residents Jose Luis Martinez and Malcolm Neal filed a class action in California state court claiming that “Snapchat is actively collecting, storing, and using the biometrics of its users without providing notice, obtaining informed consent or publishing data retention policies.”

The class action centers on Snapchat and its popular “Lenses” feature.  Snapchat allows its users to send photos or videos, called “snaps,” to each other.  Each “snap” lasts only seconds before disappearing. Snapchat’s “Lenses” features allows Snapchat users to add playful animations to their snaps, such as superimposing a mustache or starry eyes on a selfie. Snapchat users send around 10 million snaps using Lenses each day. 

Plaintiffs seek statutory damages of $5,000 against Snapchat for each and every BIPA violation. If liable, Snapchat could face millions of dollars in statutory penalties.

A copy of the complaint can be found here.