Samsung Galaxy data claims must be arbitrated, judge orders

Samsung biometric data overview: 

• Who: U.S. District Judge Harry D. Leinenweber ordered Samsung to arbitrate complaints from 806 individuals. 
• Why: The plaintiffs signed agreements to arbitrate all disputes when they purchased Samsung Galaxy phones.
• Where: The Samsung Galaxy data lawsuit was filed in federal court in Illinois.

A federal judge in Illinois has ordered Samsung to arbitrate 806 Samsung Galaxy data complaints.

Samsung was accused of collecting biometric data from selfies taken by Galaxy phone users, in violation of Illinois’ Biometric Information Privacy Act (BIPA).

Samsung had argued BIPA does not apply to the Gallery App. Samsung Galaxy users tried to arbitrate their claims that Samsung was breaking the law, but Samsung refused, according to a lawsuit the users later filed.

The Samsung Galaxy data users signed arbitration agreements when they purchased the phones and attempted arbitration, but Samsung allegedly refused to pay its portion of the arbitration fees, the lawsuit said.

“Samsung merely attacks the sufficiency of petitioners’ pleading and flips the evidentiary burden on its head, challenging petitioners’ pleading as ‘bare’ and ‘conclusory,’” U.S. District Judge Harry D. Leinenweber writes in his Samsung Galaxy data ruling.

Samsung biometric data claims must be arbitrated now, judge orders

Leinenweber removed 240 petitioners from the case who overlap with a similar case in the same court involving 50,000 Samsung Galaxy mobile device users.

“After nearly two years of motion practice, it is time for petitioners to have their claims arbitrated,” Leinenweber writes.

Neither party disputed that the arbitration agreement applied, Leinenweber writes.

Do you have a complaint over Samsung biometric data collection? Let us know in the comments. 

The plaintiff is represented by Stuart A. Davidson, Mark Dearman, Lindsey H. Taylor and Alexander C. Cohen of Robbins Geller Rudman and Dowd LLP along with Gary M. Klinger and Jonathan B. Cohen of Milberg Coleman Bryson Phillips Grossman PLLC. 

The Samsung biometric data lawsuit is Hoeg, et al. v. Samsung Electronics of America Inc., et al., Case No. 1:23-cv-01951, in the U.S. District Court for the Northern District of Illinois.

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