Apple class action lawsuit overview:
- Who: Apple Inc. is facing a class action lawsuit from an Illinois resident.
- Why: The plaintiff claims Apple unlawfully collected biometric data from customers using its Face ID and Attention Features.
- Where: The Apple class action lawsuit was filed in Illinois federal court.
A new class action lawsuit alleges that Apple unlawfully collected biometric data from customers using its Face ID and Attention Features.
Plaintiff Samantha Mettler filed the class action lawsuit against Apple on July 4 in Illinois federal court, alleging violations of state privacy laws.
“Plaintiff Mettler and class members are Illinois residents who own Apple devices and who use Apple’s facial recognition feature (“Face ID”) for the purposes of using said Apple devices,” the Apple class action lawsuit says.
Mettler claims Apple collects scans of the iris and retina of each person who uses Face ID, even though the company never expressly informs them in writing.
The class action lawsuit alleges this violates the Illinois Biometric Information Privacy Act (BIPA), which requires express written consent when collecting biometric information.
Apple allegedly fails to disclose collection of iris, retina scans
The Apple class action lawsuit alleges the company informs consumers of the collection of facial template data for facial recognition purposes through the Face ID feature, but it fails to disclose that it is also collecting iris and retinal scans, which Mettler argues is an entirely different and additional form of biometric information collection.
Mettler claims she and other class members had no knowledge of this additional data collection.
“Apple collects this information whether Face ID is being used for unlocking an Apple Device or not,” the complaint says.
Mettler argues Apple’s Face ID feature requires the camera to see users’ eyes to ensure they are actually looking at their phone, which means it collects iris or retinal scans.
She claims Apple’s TrueDepth camera activates to monitor the presence of users’ iris or retinal location, even if they do not enroll in Face ID, for features like dimming the display if they are not looking at their device.
The class action lawsuit says Apple violated BIPA by failing to obtain written consent for the collection of iris and retinal scans.
Mettler seeks to represent all Illinois residents who had their biometric identifiers, including scans of their iris or retina, collected, captured, received or otherwise obtained by Apple by their Apple devices due to the use of Face ID or Attention Features.
She is suing for violations of BIPA and seeks certification of the Apple class action, damages of $1,000 per negligent violation and $5,000 per willful violation, plus fees, costs and a jury trial.
In other recent news, Apple agreed to a proposed $250 million settlement resolving claims it falsely advertised artificial intelligence features for certain iPhone models.
What do you think of the allegations made in the Apple class action lawsuit? Let us know in the comments.
The plaintiff is represented by Blake Hunter Yagman of Yagman PLLC.
The Apple class action lawsuit is Mettler v. Apple Inc., Case No. 1:26-cv-07825, in the U.S. District Court for the Northern District of Illinois.
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