Samsung seeks dismissal of biometric data storage class action

Update: 

• Samsung urged a federal judge in Illinois to dismiss a class action lawsuit accusing the company of illegally collecting biometric information from its users.
• The class action lawsuit claims Samsung illegally collects and stores face templates of its users through facial scans its Samsung Gallery app takes. 
• Samsung argues facial recognition data is stored locally and the company does not store or access it. 
• The judge overseeing the complaint previously ruled Samsung’s control of the app and the technology doesn’t necessarily show the company has control of the face templates. 
• Samsung filed a notice of removal in 2021 to get the complaint removed to federal court. 

Samsung privacy violations class action lawsuit overview: 

• Who: G.T., a minor plaintiff, is suing Samsung Electronics for privacy violations.
• Why: Plaintiffs allege they had their biometric identifiers or biometric information collected, captured, received or otherwise obtained and/or stored by Samsung Electronics America, Inc. in violation of the Illinois Biometric Information Privacy Act (BIPA).
• Where: The class action lawsuit was filed in the Circuit Court of Cook County, Illinois, Chancery Division. However, Samsung seeks to remove it to the United States District Court for the Northern District of Illinois, Eastern Division.

(Sept. 27, 2021)

Samsung Electronics America, Inc. filed a Notice of Removal to remove a proposed class action from the Circuit Court of Cook County, Illinois, Chancery Division, to the United States District Court for the Northern District of Illinois, Eastern Division, because the case meets all the requirements for federal jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”). 

This court has original jurisdiction over this action under CAFA because this is a civil class action involving 100 or more proposed Class Members, the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and minimal diversity of the parties exists, according to the removal. 

Plaintiff G.T., a minor by and through next friend Jane Doe, alleges that while residing in the State of Illinois, she and other individuals had their biometric identifiers or biometric information collected, captured, received or otherwise obtained and/or stored by Samsung in violation of BIPA.

“The Court has original jurisdiction under CAFA, 28 U.S.C. §1332(d), and removal is proper,” the notice states. 

The plaintiff, on behalf of herself and the proposed Class, seeks statutory damages and other relief in excess of $5 million. She alleges the proposed class is “reasonably believed to include thousands of persons” and seeks statutory damages of $5,000 for each intentional or reckless violation of BIPA. 

Samsung was served with the complaint on Aug. 20, 2021.  

Are you an Illinois resident whose privacy was violated via collection of biometric identifies or information by Samsung? Let us know in the comments! 

The plaintiffs are represented by Keith J. Keogh, Theodore H. Kuyper and Gregg M. Barbakoff of Keogh Law, Ltd.

The Samsung Privacy Violations Class Action Lawsuit is G.T. by and through next friend JANE DOE, individually and on behalf of all others similarly situated, v. Samsung Electronics America, Inc., Case No. 1:21-cv-04976, in the U.S. District Court for the Northern District of Illinois.

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