OKCupid User Class Action Alleges Clarifai Unlawfully Collects, Stores Biometric Data

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Clarifai OKCupid Profile Photo Biometric Data Class Action Lawsuit Overview: 

• Who: Jordan Stein filed a class action lawsuit against Clarifai, Inc. 
• Why: Stein claims Clarifai unlawfully collected and stored her biometric identifiers by making a facial template of her OKCupid profile photo.
• Where: The class action lawsuit was filed in Delaware federal court.

Clarifai, Inc. used profile photos posted on OKCupid’s online dating platform to unlawfully create facial templates and “develop and train its facial recognition technology,” a new class action lawsuit alleges. 

Plaintiff Jordan Stein claims Clarifai, an artificial intelligence and machine learning company, not only unlawfully collected and obtained the biometric identifiers of OKCupid users but illegally profited off them as well. 

“Clarifai continuously and systematically marketed and sold its facial recognition technology derived from the illegally obtained biometric identifiers and/or information to customers throughout the United States, including in Illinois,” the class action lawsuit states. 

Stein says she uploaded around five photographs of herself to OKCupid when creating a profile with the dating platform in 2013 while also identifying herself as a Chicago resident and providing contact information through OKCupid’s messaging system.

“As with the other photographs in the Database, Clarifai captured biometric identifiers and biometric information from Plaintiff’s profile photographs by identifying, scanning and measuring her facial landmarks and using that data to create a unique template of Plaintiff’s facial geometry,” the class action lawsuit states. 

Clarifai in Violation of Illinois Biometric Information Privacy Act

Stein claims Clarifai violated the Illinois Biometric Information Privacy Act (BIPA) by not first obtaining written permission to collect biometric identifiers or by informing in writing that they would be collected. 

Further, Stein argues Clarifai failed to both properly say how long the biometric identifiers would be collected, stored and used and to provide a publicly available schedule for how the biometric identifiers would be destroyed. 

In addition to violating BIPA, Stein claims Clarifai is guilty of unjust enrichment. She is demanding a jury trial and requesting declaratory and injunctive relief along with statutory damages for herself and all class members. 

Stein wants to represent an Illinois class of residents who had their biometric identifiers or facial geometry scans collected, captured, purchased, traded for and/or used or profited off of by Clarifai since Feb. 13, 2015. 

Last month, a separate class action lawsuit revolving around BIPA claims targeted Kose America over the virtual try-on feature for its Decorté makeup brand.

Have you uploaded a photo of your face to OKCupid? Let us know in the comments! 

The plaintiff is represented by Carmella P. Keener of Cooch & Taylor, P.A., and Keith J. Keogh, Theodore H. Kuyper and Gregg M. Barbakoff of Keogh Law, Ltd. 

The Clarifai OKCupid Profile Photo Biometric Data Class Action Lawsuit is Stein v. Clarifai, Inc., Case No. 1:22-cv-00314, in the U.S. District Court for the District of Delaware.

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