Recent BIPA Class Actions, Settlements Highlight Data Privacy

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BIPA Class Action Lawsuits Overview: 

• Who: A number of class action lawsuits and settlements have resulted from claims of violations of BIPA, the Illinois Biometric Information Privacy Act. 
• Why: BIPA claims generally stem from allegations that a company collects and stores biometric identifiers without receiving proper consent or providing the information required to make it lawful. 
• Where: BIPA class action lawsuits are often filed in Illinois federal courts.

Consumers have become growingly concerned with their right to data privacy and data security when it comes to biometric data made vulnerable by devices such as fingerprint and facial scanners. 

Lawmakers introduced the Illinois Biometric Information Privacy Act (BIPA) in 2008 as a way to combat these concerns, and it has since been at the center of a number of class action lawsuits and settlements. 

Class Action Lawsuits Allege Companies Commit BIPA Violations

Two app users filed a class action lawsuit against Snapchat earlier this month, claiming the company violates BIPA by collecting users’ biometric data without their informed, written consent. 

The Snapchat users argue the company collected their biometric data by using its Lenses and Filter features to conduct facial scans.

Last month, a group of 7-Eleven customers claimed the company violated BIPA by using facial recognition technology to collect their biometric data without their consent. 

The 7-Eleven customers claim the store uses cameras and advanced video surveillance systems inside its locations to unlawfully collect the information. 

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. 

Amazon’s executives allegedly disregarded “red flags” that indicated BIPA violations and failed to correct “improper statements” made to the U.S. Securities and Exchange Commission, among other things. 

Louis Vuitton also faced claims in April that it violated BIPA after a consumer took aim at the Virtual Try-On feature on the fashion company’s website. 

The consumer claims Louis Vuitton uses the Virtual Try-On feature, which allows potential customers to see how glasses on the company’s website would look on them, to unlawfully collect and store biometric data. 

OKCupid, meanwhile, faced a class action lawsuit in March alleging the company violates BIPA by collecting and storing the biometric identifiers of its users. 

The OKCupid user behind the complaint claims the dating service used her profile photo to create a facial template of her without her consent. 

In February, a consumer filed a class action against HireVue Inc. claiming the online video platform collects the biometric data of people interviewing for jobs without their consent. 

The consumer behind the complaint claims HireVue uses facial geometry scanning and tracking to collect job candidates biometric data. 

Also in February, Decorté faced claims it uses its “Virtual Try-On” tool to collect and store the facial data of customers without their consent. 

The luxury cosmetics brand allegedly fails to inform its customers that it is collecting their biometric data when they use the tool to virtually try on makeup on its website. 

A consumer accused Giorgio Armani, meanwhile, of using its virtual “Try-It-On” feature to unlawfully collect and store the biometric data of its customers. 

The consumer behind the class action lawsuit claims Giorgio Armani encourages its customers to try on cosmetics products but violates BIPA by failing to inform them it is collecting their biometric data, among other things. 

In January, a test taker took aim at Pearson Education, claiming the company violated BIPA with the use of vein-print scanners at its testing locations. 

The test taker claims Pearson failed to receive her written consent before collecting her biometric data with a hand scanner used during the intake process. She claims she was told it was used for security reasons. 

Companies Reach Settlements to End Claims

Personalizationmall.com agreed to pay $4.5 million earlier this month to end claims the company’s use of fingerprint scanners violated BIPA. 

The settlement will benefit employees of the company who were required to use fingerprint scanners for timekeeping purposes from 2017 to 2019. 

Also this month, Compass and 365 Retail agreed to a settlement worth $6.8 million that will end allegations the vending machine companies violated BIPA by requiring consumers to use a fingerprint scanner. 

The settlement will benefit consumers who used a vending machine manufactured by Compass or 365 Retail between Aug. 23, 2014, and Nov. 2, 2021. 

UKG Biometrics, meanwhile, agreed to pay more than $3.3 million last month to end claims it violated BIPA with its timekeeping software. 

Individuals who, from between March 3, 2015, and Dec. 29, 2021, had their fingerprints scanned or their pictures taken in Illinois while using a time clock manufactured by UKG will benefit from the settlement. 

Also last month, BioLife agreed to pay almost $6 million to resolve claims the company violated BIPA by improperly collecting the fingerprints of its donors. 

The settlement will benefit individuals who had their fingerprints scanned at an Illinois BioLife plasma donation facility from Sept. 8, 2015, to Nov. 15, 2021. 

In February, McDonald’s agreed to a settlement worth $50 million that ended claims the restaurant violated BIPA by having its employees log in to its systems using biometric information. 

McDonald’s employees in Illinois who used their biometric information to sign into the restaurant’s systems were eligible to benefit from the settlement. 

Also in February, Workwell agreed to pay $900,000 to resolve claims it violated BIPA with the improper use of fingerprint and facial scanners. 

The settlement benefited companies in Illinois that used a Workwell-manufactured fingerprint or facial scanning device for timekeeping purposes between March 28, 2014, and April 8, 2019. 

Pret A Manger, meanwhile, agreed to a settlement worth $677,450 to end allegations it violated BIPA with an allegedly improper policy of collecting employee fingerprints. 

BIPA Claims Dismissed; What Can Preempt Them Determined

In March, a federal judge in Illinois dismissed claims made against American Airlines that alleged the airline unlawfully collected and stored their voices. 

The judge ruled the BIPA violation claims were preempted by the federal Airline Deregulation Act. 

The Illinois Supreme Court, meanwhile, unanimously ruled in February that BIPA claims could not be preempted by the state’s Workers’ Compensation Act. 

In January, a federal judge in Illinois ruled AmFam did not have to defend a McDonald’s franchise operator it insured from a BIPA violation claim. 

Have you had your biometric data collected or stored without your consent? Let us know in the comments! 

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