Google Photos face recognition privacy $100M class action settlement

Update:

• Final approval for this class action settlement was granted Sept. 28, 2022.

• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Google will pay $100 million to resolve lawsuit claims it violated the privacy rights of consumers through Google Photos face recognition.

The settlement benefits Illinois residents who appeared in a photo in Google Photos between May 1, 2015, and April 25, 2022.

Google Photos is a way for Google users to store their photos online and access them from any device. The app allows users to search their photos by keywords, relevant Google locations and even by the names of people tagged in the photo.

Although this technology allows users to easily access their photos and find pictures of loved ones, plaintiffs in a class action lawsuit say Google oversteps with its facial recognition. According to the plaintiffs, Google’s facial recognition technology and storage of “faceprints” violates Illinois’ Biometric Information Privacy Act (BIPA).

BIPA protects Illinoisians’ right to keep their biometric information private. This information includes fingerprints, facial scans, eye scans and other biometric data. 

BIPA requires businesses like Google to follow strict regulations about the collection, storage and destruction of these biometrics in order to protect consumers from identity theft and other fraud.

Google allegedly violates BIPA by using facial geometry to identify people in photos without getting consent, issuing proper disclosures and maintaining a public retention and destruction schedule. 

“Google failed to obtain consent from anyone when it introduced its facial recognition technology,” the BIPA class action lawsuit contends. “Not only do the actions of Google fly in the face of FTC guidelines, they also violate the privacy rights of individuals appearing in photos uploaded to Google Photos in Illinois.”

According to the plaintiffs, these actions put them at risk for fraud related to their unsecured biometric information. The plaintiffs in the class action lawsuit sought damages from Google up to the maximum $5,000 per violation allowed under the law. 

Google hasn’t admitted any wrongdoing but agreed to resolve these allegations with a $100 million settlement. This settlement allows Google to avoid a potentially higher trial verdict while securing compensation for the plaintiffs and class members.

Under the settlement terms, class members can receive a cash payment. 

Exact payment amounts will vary depending on the number of claims filed with the settlement. However, according to the Google Photos face recognition privacy settlement website, payments will likely be between $200 and $400. 

Payments may be higher if fewer class members participate, or lower if the opposite is true.

The deadline for exclusion and objection is Aug. 10, 2022. 

The final approval hearing for the settlement is scheduled for Sept. 28, 2022. Class Members have the opportunity to speak at this hearing but are not required to attend.

In order to recover a payment from the Google Photos face recognition privacy settlement, Class Members must submit a valid claim form by Sept. 24, 2022.

Who’s Eligible

The settlement benefits Illinois residents who appeared in a photo in Google Photos between May 1, 2015, and April 25, 2022.

Potential Award

TBD

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

09/24/2022

Case Name

Rivera, et al. v. Google LLC, Case No. 2019-CH-00990, in the U.S. District Court for the Northern District of Illinois

Final Hearing

09/28/2022

Settlement Website

GoogleBIPASettlement.com

Claims Administrator

Rivera, et al. v. Google LLC Settlement
c/o Settlement Administrator
P.O. Box 5229
Baton Rouge, LA 70821
info@GoogleBIPASettlement.com
833-927-3418

Class Counsel

Robert Ahdoot
Tina Wolfson
AHDOOT & WOLFSON PC

John C Carey
David P Milian
CAREY RODRIGUEZ MILIAN LLP

Scott A Bursor
BURSOR & FISHER PA

Frank S Hedin
HEDIN HALL LLP

Defense Counsel

Susan D Fahringer
Ryan Spear
Nicola C Menaldo
PERKINS COIE LLP