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An Illinois federal judge has denied Meta's attempt to dismiss a biometric privacy class action involving its Messenger and Messenger Kids apps. The plaintiffs, a group of parents and children, allege that Meta unlawfully...more
Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more
Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the...more
In July, Instagram’s parent company Meta Platforms, Inc. (“Meta”) agreed to a $68.5 million class-action biometric privacy settlement in connection with the company’s alleged violation of Illinois’ Biometric Information...more
Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more
Earlier this year, the Missouri legislature proposed its own Biometric Information Privacy Act (HB 1047), joining the growing list of states eager to enact and implement laws governing biometric data. Biometric data or...more
A federal judge in Illinois recently ruled that online shoppers cannot sustain claims that a virtual try-on (VTO) tool that allegedly scans facial geometry to preview the look of sunglasses on their face violates the...more
Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more
Biometric identifiers are unique to every individual. They include your fingerprints, facial structure, and even how you walk. There is the Illinois Biometric Information Protection Act (“BIPA”), and biometric protection...more
Biden Administration to Introduce New National Cyber Strategy for Critical Infrastructure - The Biden administration is reportedly working on a National Cyber Strategy for critical infrastructure that will advocate a more...more
An Illinois appellate court has ruled that Apple’s biometric unlock features, including Touch ID fingerprint scanning and Face ID facial geometry scanning, do not violate the state’s Biometric Information Privacy Act (BIPA)....more
To say that class action litigation regarding the use or collection of “biometric information” – such as fingerprints, face records, or voice records – is expensive would be a gross understatement. The damages sought, and...more
In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more
Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony...more
In a class action lawsuit filed in the U.S. District Court for the Northern District of Illinois, Clearview Al Inc. faces allegations that it uses facial recognition technology that violates the Illinois Biometric Information...more
The use of smart dashcams and vehicle cameras, including those leveraging AI technology, may trigger the next wave of BIPA litigation, according to two cases filed in Illinois this week. Enacted in 2008, the Illinois...more
BIPA, the frequently used basis for class action lawsuits in connection with facial recognition, fingerprint, and other technologies is once again serving as the basis for two recently filed suits. What to Know - Class...more
Over the last several years, class action lawsuits filed under the Illinois Biometric Information Privacy Act (BIPA) have proliferated. These lawsuits have tended to come in waves: from claims involving consumer-facing...more
The recent flurry of Biometric Information Privacy Act (BIPA) activity in California and elsewhere has called into question the effectiveness of an increasingly common defense to BIPA litigation in Illinois: that federal...more
Surging bond yields raised fears that government, consumer, and business spending could become more expensive, leading to a “tumultuous day in financial markets” that prompted some to blame the Fed for not expressing...more
For some time now, employers have been the main target of a relentless wave of class action lawsuits by employees alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) in connection with the use...more
The Federal Trade Commission (FTC) announced its settlement with Everalbum Inc. (Everalbum) for its Ever app, a photo and video storage app, due to its alleged deception of consumers related to the app’s use of facial...more
The federal government is looking to put its finger on the pulse of biometric privacy with the proposed National Biometric Information Privacy Act of 2020 (S. 4400), introduced by United States Senators Bernie Sanders...more
Increasingly, companies use facial recognition technology to run their operations. This technology can be used to authenticate employees and customers, to enhance physical security, to reduce fraud and theft, or to customize...more
On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation,...more