District Judge John C. Neutrogena Skin360 provides a “personalized at-home skin assessment” online and as an app for smartphones, the lawsuit says. Nature of Suit. TikTok settled a $92 million BIPA lawsuit in 2021 with regards to allegations that the social media app harvested biometric face and voice prints from user-uploaded videos. A Settlement has been reached in a class action lawsuit against Google LLC (“Defendant” or “Google”). The U. Cash Payments. According to the case, the defendant has failed to establish a publicly available policy that outlines a retention schedule and guidelines for the permanent destruction of Illinois residents’ biometric data as Jan 8, 2024 · The Court granted final approval of the Settlement Agreement and has certified the Settlement Class. But around 2017 and 2018, a trickle of BIPA-related lawsuits quickly became an explosion as attorneys such as Chicago-based Jay Edelson pioneered biometric privacy litigation in his own small firm, while larger firms created practice areas specializing in the law. 29, 2018), the U. ). The court, however, ruled that Redd failed to establish that the company operates in Illinois. Jan 26, 2022 · Amazon has also faced a separate lawsuit under BIPA for alleged capturing of children’s voice biometrics. Although that example does not deal with virtual try-on, it exemplifies how diligence and expertise with BIPA requirements can Jan 3, 2022 · Sara Merken reports on the business of law, including legal innovation and law firms in New York and nationally. Posted May 19, 2023 10:41 AM. This shift suggests two things: Employers are broadening the scope of the biometrics that they collect; and BIPA is being tested as a tool to Aug 30, 2021 · Importantly, most plaintiff’s attorneys will turn their attention to other, more vulnerable targets when they learn they will likely be forced to arbitrate a BIPA suit if an entity is pursued for purported BIPA violations with the filing of a class action complaint, as the prospect of arbitration drastically reduces the likelihood of a large Judge Hints Amazon Can't Avoid BIPA Suit For Stored Data. Any Illinois resident who used Snapchat Lenses or Filters between Nov. The exact number of instances in which Krase’s biometric data was Aug 1, 2023 · Store consents for at least five years for evidentiary purposes in the event of any BIPA lawsuits (see Statute of Limitations below). , alleging that the companies illegally 1 day ago · The suit alleged that Meta Platforms Inc. 19-cv-03083 (N. Aug 8, 2022 · Amazon can’t escape a class action lawsuit alleging its Ring video doorbells violate privacy law by collecting and storing facial biometric data without consent, a Seattle federal judge has ruled. Jun 20, 2022 · Amazon inevitably has lawsuits and a new letter from U. July 26, 2023). Chun of the US District Court Jul 14, 2023 · Amazon has faced several lawsuits alleging BIPA violations, including Vance v. May 3, 2024 · A consumer filed a class action lawsuit against Amazon. , --- F. . Dec. 18, 2020)—is the latest in a series of victories for BIPA defendants, and demonstrates the power of personal jurisdiction challenges Sep 15, 2021 · The plaintiff in the suit, April Schaeffer, seeks to represent not only herself but a class of “all Illinois residents who own an Alexa device located in Illinois from which, during the class period, Amazon has taken possession of the person’s voiceprint and/or a voiceprint transaction, acoustic model of voice characteristics, or other May 23, 2022 · Also last month, a man filed a class action lawsuit derivatively on behalf of Amazon accusing the company’s executives of misleading investors about its compliance with BIPA. Court. 1:22-cv-06779. The class action lawsuit claims Amazon failed to obtain proper authorization prior to retaining the biometric information and did not schedule the destruction of biometric Jul 19, 2023 · The litigants have agreed to a $68. Illinois Northern. com Services received a class action lawsuit for allegedly violating BIPA by collecting workers’ face scans and sharing them with third parties without written consent, Law 360 says. Since BIPA is an Illinois law, it only applies to state residents. Under the terms of the CenterEdge settlement, class members can receive an equal share of the net settlement fund. To use the program, J&J asks consumers to Oct 20, 2022 · Oct 20, 2022. agreed to a $6. This contention by the plaintiff may be an attempt to show that Amazon’s actions were “willful,” and therefore merit the maximum $5,000 penalty per violation. Coughenour denied Ring LLC’s motion to dismiss the class action filed against it by Jun 1, 2022 · Most recently, more than one million Illinois Facebook users begin receiving checks following a $650 million settlement in a class-action suit alleging it violated residents' rights by collecting Oct 19, 2020 · The lawsuit also contends that Amazon was aware of its obligations under BIPA due to a previously-filed lawsuit related to its Alexa devices. Aug 24, 2022 · The lawsuit alleged that the company violated BIPA through Google Photos’ “Face Grouping” feature. Law360 (August 14, 2023, 8:40 PM EDT) -- A woman and her son can press forward with accusations that Amazon unlawfully stored and protected biometric data from pictures uploaded Aug 22, 2022 · Microsoft, Amazon and Google are among the companies that have also been accused of violations. She represents policyholders in complex insurance coverage litigation and Sep 28, 2022 · Settlement Information. , Ill. com’s Inc. The railroad has May 31, 2022 · According to the lawsuit, J&J breached BIPA through a digital skin care program called Neutrogena Skin360 that scans consumers’ faces to recommend specific beauty products. It’s not all downhill from here for the plaintiffs. Y. Powell v. 5 million settlement this week, Sep 22, 2020 · September 22, 2020. An Amazon unit has been sued in Illinois state court by a proposed class of workers claiming it violated the state's biometric privacy law when it stored and profited from their data, collected in Jul 27, 2023 · Plaintiffs Avelardo Rivera and Yasmine Romero successfully pleaded that Amazon “possessed” and “collected” their biometric information within the meaning of BIPA, and that they had been injured by the company’s failure to comply with the act’s data-retention and -destruction requirements, Judge John H. 16-C-02714 (N. Amazon Web Services, Pindrop and their corporate customers also “disclose, redisclose, and disseminate” to and between each other proposed class members’ voiceprint data without consent, the lawsuit Jun 22, 2023 · Respondus Inc. The case is ongoing, and Amazon has denied any wrongdoing. The lawsuit alleges that Google violated Illinois law by collecting and storing biometric data of individuals who, while residing in Illinois, appeared in a photograph in the photograph sharing and storage service known as Google Photos (“Google Photos Feb 9, 2021 · The issue of hacking biometric data expands beyond employer use. Separately, Meta reached a $37. Case Number. ’s (Pindrop) and Amazon Web Services, Inc. BNSF Railway Company, No. Sep 13, 2022 · The Walmart class action lawsuit alleges the retailer violates this provision of BIPA by sending customers’ facial data through the Clearview Biometric Database without their knowledge or consent. Many of the lawsuits relate to companies using systems The IAPP uses necessary cookies to make our site work. Amazon is the latest major corporation to be hit with what could amount to a multi-million-dollar lawsuit based on its alleged non-compliance with a biometric privacy law – in this case, with a relatively new law. 2:22-cv-00269, 2023 WL 4761481 (W. By Lauraann Wood. Hudgins is an associate in the firm’s insurance coverage group in the Atlanta office. They broadly argue that Amazon’s contentions, including that the plaintiffs did not allege they had opted-in to Speaker ID, are incorrect, and irrelevant even if they were true. Apr 24, 2023 · Amazon. By Patricia Manson pmanson@lawbulletinmedia. If you received a notice for the BIC BIPA Settlement, you may be within a class of individuals who were fingerprinted by BIC during the relevant time period and may be eligible to receive a payment from the Settlement (the “Class”). If each scan is a separate violation, then damages can become astronomical. BIPA also provides a private right of action for parties that have been aggrieved by a BIPA violation, which makes possible lawsuits like the one addressed here. (AWS) and Pindrop Security, Inc. If the Court approves the Settlement and you are a Class Member who does not exclude Jan 26, 2022 · Facebook agreed to pay $650 million to end the BIPA class action, which was up from an initial $550 million settlement deal struck in January 2020 that failed to meet the approval of U. In that case, plaintiffs claimed that Amazon’s use of biometric technology, specifically its “Amazon One” palm recognition system, violated Illinois law. : Other. Aleta Thompson, an Amazon stockholder who filed her complaint under the Delaware General Corporation Law, failed to establish a credible basis that Amazon engaged in wrongdoing, a A Washington federal judge pushed back Tuesday against Amazon's claims it cannot be sued for data that merely passed through its servers, noting that Illinois' biometric privacy law doesn't Nov 6, 2023 · BIPA lawsuits can be costly for companies. Luthe filed the Walmart class action lawsuit on behalf of himself and other Illinois residents whose biometric data was collected, stored Jul 27, 2023 · But in the first half of 2023 alone, 36% of all employment-related complaints singled out the use of AI voice or facial recognition software. collected the biometric information of Illinois residents who didn’t have Facebook accounts through its now-defunct Tag Suggestion feature, in violation of BIPA. In 2022, a class-action settlement alleged Facebook violated the law , resulting in a May 30, 2024 · CenterEdge agreed to pay $1. Companies have been found themselves facing damages of up to $4,000 per violation per plaintiff. His staff was also very helpful and organized. Exact payments will vary, but each class member is estimated to receive between $230 and $330. Amazon Web Services, Inc. D. Microsoft and Amazon have won a summary judgment in lawsuits that claim the companies illegally used two U. Law360 (April 25, 2023, 8:37 PM EDT) -- A Washington appellate court has stamped out an Amazon shareholder's lawsuit that sought to Nov 2, 2022 · In May 2022, after more than two years of active litigation, Amazon and Microsoft moved for summary judgment, arguing that the BIPA claims should be dismissed on the grounds that (1) BIPA does not Amazon's feature then "scans the consumer's facial geometry and uses facial geometry or landmarks from the photo or live video to apply or place the virtual product onto the face," the suit claims. com, Inc. The court rejected Louis Vuitton’s arguments for dismissal May 18, 2021 · The suit, filed on behalf of a minor plaintiff, alleges Amazon “has violated, and continues to violate,” the Illinois BIPA. Redd v. Voiceprints are a Growing Area of Litigation. Google has agreed to pay $100 million. District Court for the Northern District of Illinois dismissed a BIPA lawsuit against Google pertaining to the company’s photo app technology based on an absence of any “concrete injury” suffered by the plaintiffs sufficient to confer Article III standing in connection with Google’s Oct 20, 2020 · Three plaintiffs have filed a putative class-action lawsuit in Delaware federal court against Amazon Web Services, Inc. P. He was aggressive with negotiations and getting the best result for the facts of my case. Case Background Feb 17, 2023 · In October, following the first-ever trial in a BIPA case, a jury ordered BNSF Railway Co to pay $228 million for collecting truck drivers' fingerprints without their consent. Apr 1, 2024 · Users of virtual try-on technology on Amazon. Date Filed. com Inc. Law360 (April 3, 2023, 10:45 PM EDT) -- A Washington federal judge refused to throw out a proposed class action alleging Amazon. 's mobile app can bring their biometric-privacy claims against the company as a class action, a federal court ruled. Feb 16, 2023 · In December 2022, the US District Court for the Southern District of New York declined to dismiss a BIPA class action brought against Louis Vuitton concerning a virtual eyeglass try-on tool. Investors filed suit when they realized their Amazon John Hancock financial accounts had tech that stored and used their profiles, allegedly without consent. Judge Jorge Alonso of the US District Court for the Northern District of Illinois granted the plaintiffs’ motion to certify a class of people who used a virtual try-on Jan 31, 2024 · Amazon Web Services, No. Theriot v. Thompson’s lawsuit against Apr 9, 2024 · The volume of lawsuits alleging biometric data privacy violations under Illinois law in federal court have declined, with the first quarter of 2024 marking the fewest since 2019. You need to enable JavaScript to run this app. Oct 1, 2019 · , No. District Judge James L. The plaintiff had alleged that the university violated BIPA by using an online remote proctoring tool that purportedly captured, collected, and stored plaintiff’s biometric information. In an order issued Aug. Oct 20, 2022 · Furthermore, the jury’s finding that the company’s conduct was intentional or reckless may be subject to review depending on the evidence elicited at trial. Supp. 2023 saw a surge in BIPA litigation, with hundreds of new cases in federal and state courts. Testing center sued Pearson Education, an operator of testing centers in Illinois which uses vein biometrics to verify the identity of test-takers, allegedly failed to collect informed consent from its end-users, according to a lawsuit Amazon Defeats Investor Suit Over Possible BIPA Violations. A. As we noted in a prior blogpost, [2] plaintiffs have filed more than 2,000 individual and class action lawsuits invoking BIPA's private right of action and seeking statutory damages of up to $1,000 per negligent violation and $5,000 per intentional or reckless violation. Law360 (March 31, 2022, 4:58 PM EDT) -- A federal judge handed Amazon a partial win by dismissing claims of unjust enrichment against the company You need to enable JavaScript to run this app. Wash. And courts have given a broad reading to the term “financial institutions,” finding that universities, among other entities, are shielded from BIPA because of the nature of their Aug 23, 2022 · In 2021, Facebook agreed to pay $650 million to settle a similar BIPA class action lawsuit. Hudgins. Last year, Facebook was ordered to pay $650 million for violating BIPA. 3, U. In a complaint that was filed, former employee Lisa Johnson alleged that Amazon collects and uses employees’ biometric data without first obtaining Sep 29, 2020 · Amazon Web Services, Inc. Securities Mar 1, 2021 · The controversial facial recognition software company Clearview AI now faces its own BIPA-based class action lawsuit in the state after the company Amazon, Google, TikTok, Snap and Microsoft Nov 6, 2023 · The company’s payout, if the online retailer and cloud vendor loses, could be historic. 175 million to resolve the BIPA class action lawsuit. Pesala Bandara. A reversal of that finding to We recently reported on the first BIPA class action to go to trial: a $228 million plaintiffs’ verdict. In this latest update, we review noteworthy 2022 court decisions involving a wide range of biometric technologies spanning several industries, including transportation, food service, and higher education. Senator Ed Markey about privacy. It will be the second major payout by Meta, if approved, following a $650 settlement by Facebook. The lawsuit alleged Apr 15, 2024 · The suit is similar to other recent class-action lawsuits against large companies alleging they violated BIPA. Apr 2, 2024 · Lawsuits allege voice biometrics BIPA violations from food orders. In 2020, Ring LLC (a subsidiary of Amazon) was sued under BIPA in Wise v. Aug 3, 2022 · The response memorandum states that complaints under BIPA Section 15 (a), (b), (c), (d) and (e) are all sufficient to send the suit to trial. Microsoft uses facial recognition technology to “determine whether there was a person in the image” and, if so, what the person was doing in it, according to the Microsoft class action. , 2020 WL 5602819 (S. An Amazon unit has been sued in Illinois state court by a proposed class of workers claiming it violated the state's biometric privacy law when it stored and profited from their data, collected in Mar 29, 2024 · Read About More Class Action Lawsuits & Class Action Settlements: Fortnite class action claims game invades children’s privacy GM class action alleges automaker shares driving info without consent; Appeals Court refuses to revive Google, Apple streaming data class action; Amazon, Prime collect, share private customer data, class action claims Jan 4, 2023 · A number of defendants in BIPA lawsuits have successfully invoked the statutory exception for “financial institutions” that are regulated by federal law. 00 Settlement Fund to compensate Class Members. On Oct. com Inc failed to persuade an Illinois federal judge to toss a lawsuit Aug 24, 2022 · The social media company has agreed to a $35 million settlement in a class-action lawsuit in Illinois. Ring LLC on the basis that its video cameras collected, stored and used plaintiff’s (and Apr 17, 2023 · BIPA is intended to protect individuals from the overreach of these technologies, but the specific design of the statute, which allows for damages to be awarded at the court's discretion, raises Jul 7, 2023 · Section 20 of BIPA provides that “a prevailing party may recover for each violation” the greater of actual damages or liquidated damages of $1,000 (for each negligent violation) or $5,000 (for Judge Trims BIPA Suit Over Amazon Photos Service. Wingstop is being sued under BIPA for allegedly failing to gather informed consent when processing phone orders with voice biometrics from ConverseNow Technologies, reports ClassAction. com Services, LLC have violated the Illinois Biometric Feb 28, 2023 · BIPA didn’t face much legal scrutiny in the first decade or so of its existence. 2019-CH-04393 (Cook Cnty. Already, Facebook agreed to pay $650 million in BIPA damages. Louis Vuitton N. Alleged Illinois BIPA violations include class action lawsuit against Amazon Web Services in their use of unique voice prints. (The remainder involved fingerprint-scanning time clocks). Law360 (March 14, 2024, 8:08 PM EDT) -- Domino's Pizza customers hit the restaurant chain with a proposed class action in Illinois federal court Wednesday alleging it secretly collects voiceprints Jun 11, 2024 · Krase is seeking over $75,000 in damages, along with legal fees and an injunction to prevent Krispy Kreme from continuing these practices. Apr 16, 2024 · In November 2023, an Illinois federal court allowed a class action lawsuit against Amazon to proceed, alleging the company’s Alexa devices violated BIPA by collecting users’ voiceprints without proper notice and consent. May 19, 2023 · Federal court won’t take BIPA suit against Amazon. Law360 (May 28, 2024, 10:49 PM EDT) -- A Washington federal judge pushed back Tuesday against Amazon's claims it cannot be sued for data that merely passed through its servers, noting that Illinois' biometric privacy law doesn't just create liabilities for the original data collector. 5, 2022). 3d 1301, 1311 Sep 22, 2022 · Edelson has since worked on dozens of BIPA lawsuits and estimates that more than 500 suits have been filed alleging violations under the law. The lawsuit alleges Amazon. The deadline for exclusion and objection is June 10, 2024. We would also like to set optional “performance” cookies to gather anonymous site visitation data and “marketing” cookies to help us understand which content visitors value most. 3d ---, 2022 WL 17417261 (S. Jun 1, 2023 · Mike Pike handled my auto accident case. The case is part of a broader trend of BIPA-related lawsuits against companies such as Amazon, Target, and Wingstop for similar violations. Rachel E. May 25, 2023 · In the lawsuit, Redd claimed that the scans violated her rights and those of other workers under BIPA and that Amazon was required to obtain written consent and inform users on how facial biometric data will be handled. Online dating and networking application Bumble profits from facial scans it collects or has otherwise obtained from users without first receiving the required consent, a new class action lawsuit alleges. com Services last month over claims the company violated BIPA with facial recognition software for its timecards. Oct 19, 2022 · A Washington federal judge dismissed a class action lawsuit against Amazon that alleged the company illegally obtained biometric identifiers of its customers for facial recognition. 5 million payout for people who allegedly suffered harm when Instagram reportedly harvested and held subscribers’ identifiers in violation of BIPA. Ill. , parent of Twitter, also has been named in a proposed Aug 18, 2021 · In February 2021, Facebook settled multi-year litigation over its photo tagging feature for $650 million, the largest BIPA settlement to date. District Sep 7, 2022 · Ring Under the Microscope. ) and Rogers v. Last Friday, a Southern District of Illinois judge granted Pindrop Security, Inc. When you do the math, 45,600 (per violation/class member Oct 20, 2020 · Still further, the suit says the defendants have also failed to destroy proposed class members’ biometric data as required by the BIPA. defeated a shareholder’s lawsuit seeking to investigate the company for possible violations of the Illinois Biometric Information Privacy Act. Aug 15, 2023 · BIPA is the most highly litigated biometric privacy law in the U. ’s (AWS) motions to dismiss the Illinois May 9, 2022 · CHICAGO – Under a legal settlement filed in court today, Clearview AI — a secretive face surveillance company claiming to have captured more than 10 billion faceprints from peoples’ online photos across the globe — has agreed to a new set of restrictions that ensure the company is in alignment with the Illinois Biometric Information Feb 23, 2023 · Specifically, section 15 of BIPA outlines the obligations of private entities that collect or otherwise obtain biometrics. Plaintiffs are seeking approval of a $92 million settlement with TikTok in a case over its detection of faces in videos. Updated May 19, 2023 3:07 PM. Court of Appeals for the Ninth Circuit ruled that Nov 10, 2023 · Where: The class action lawsuit was filed in Illinois federal court. Oct 19, 2022 · You need to enable JavaScript to run this app. In another significant 2023 BIPA decision, the Illinois Supreme Court held in Cothron v. 25 million settlement to resolve a class action lawsuit claiming it violated BIPA by collecting biometric identifiers from people taking exams. org. 17, U. I. Amazon’s executives allegedly disregarded “red flags” that indicated BIPA violations and failed to correct “improper statements” made to the U. , 525 F. The lawsuit claims such clandestine recording of user’s private Apr 24, 2024 · Amazon. residents’ Flickr photos to develop facial recognition Jul 3, 2023 · BIPA provides for statutory damages of $1,000 for each negligent violation and up to $5,000 for reckless or intentional violations. Plaintiff Ashley Ott claims Bumble fails to inform its users in writing Case Information Case Title. Defendant has agreed to create a $75,000,000. Sept. Amazon. S. The Illinois Supreme Courts four impactful decisions will shape future interpretations of the law. X Corp. December Amazon was hit with a proposed class action in Illinois state court Thursday for allegedly breaching biometric privacy laws at its convenience stores with "Just Walk Out" technology that gathers Sep 1, 2021 · A proposed class action claims Amazon has unlawfully collected Illinois residents’ voiceprints through its Alexa virtual assistant despite failing to make certain statutory disclosures regarding the collection of biometric information. N. Starting with the newest lawsuit , a derivative shareholder complaint, Jeff Bezos and 19 other executives and board members are accused of “knowingly and/or recklessly” storing the biometric data of their employees and customers (including minors Mar 22, 2023 · The suit underscores that strict adherence to the statute is required, as it alleges that Amazon’s attempt to cure was inadequate. On Monday, a federal appeals court dismissed the lawsuit on semantic grounds. May 21, 2021 · Per the case, the data recorded and stored by Amazon can be aggregated with details from other sources to “create fulsome profiles of information that may include deeply personal and private information” about consumers that can then be used for Amazon’s business purposes. and its cloud-computing subsidiary violated the Illinois Law360 (April 2, 2024, 9:38 PM EDT) -- An Illinois federal judge has granted class certification to consumers who allege Amazon's virtual try-on technology violates the Prairie State's biometric Jun 6, 2022 · The Verge notes Google has agreed to pay $100 million to settle a class action lawsuit accusing the company of violating Illinois' Biometric Information Protection Act (BIPA) through Photos' "Face Jun 1, 2022 · Microsoft class action alleges company fails to obtain users’ consent for data collection. There were 13 BIPA lawsuits filed in federal court in the past quarter, Bloomberg Law reports, compared to more than two dozen in the first quarter of 2023. Feb 18, 2022 · In the past year, a federal court in California approved a $615 million settlement in a BIPA class action against a social media company that allegedly collected users’ facial geometry without Feb 12, 2024 · In a notable 2022 case, DePaul University successfully had a BIPA class action lawsuit dismissed by invoking this financial institution exemption. Feb 17, 2023 · BIPA provides $1,000 as liquidated damages for each negligent violation and $5,000 for a willful violation. and Amazon. Bhavilai claims Microsoft violates BIPA by not informing Photos The lawsuits are: Rogers v. 17, 2015, and now is In Nelson's suit, the investors said that "Amazon has already expended significant monetary resources and risks astronomical liability" in connection with lawsuits it faces over the alleged Apr 24, 2023 · Rachel E. Robart granted Amazon’s motion for summary judgment. com. rg mk pn fh wp xf ql si hh jw