Samsung pushes for arbitration over alleged unlawful collection of biometric data

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Samsung Galaxy biometric data arbitration overview: 

• Who: A group of nearly 50,000 Samsung Galaxy mobile device users claims Samsung is refusing to fulfill its obligation to pay for arbitration proceedings. 
• Why: Galaxy users claim Samsung is unlawfully collecting their biometric data through the use of its facial recognition technology. 
• Where: The case is in Illinois federal court. 

A group of nearly 50,000 Samsung Galaxy mobile device users is accusing the company of refusing to pay its share for arbitration proceedings the company has mandated over claims it unlawfully collected their biometric data. 

The group filed a petition and a motion to compel arbitration last week, with the device users arguing Samsung is acting in a “blatant display of hubris and hypocrisy” by declining to pay their portion of the costs to have the arbitration proceedings. 

Samsung is accused of breaching its own commitment to pay for its portion of any individual arbitration proceedings the company itself requires in order to resolve disputes with it. 

“For nearly a decade, Samsung has included a forced mandatory arbitration provision and class action waiver in its terms and conditions wielding it as a shield to successfully evade class actions and, more importantly, liability,” the mobile device users’ motion to compel arbitration says. 

Samsung accused of reneging on obligation to help pay for arbitration proceedings 

Galaxy device users claim Samsung says it will only arbitrate their claims if each of the individual consumers — of which there are tens of thousands — pay the fees necessary for the proceedings to take place. 

Samsung is being accused of violating Illinois’ Biometric Information Privacy Act by allegedly covertly collecting, generating and storing the biometric identifiers of consumers who use its Galaxy mobile devices. 

Galaxy device users claim Samsung uses its facial recognition technology to collect their biometric identifiers when they take selfies on their mobile devices. 

Last month, in a separate biometric privacy case, Kronos agreed to pay more than $15 million in order to resolve claims the company violated Illinois biometric privacy law with the fingerprint time clocks it manufactures.

Have you had your biometric data collected by a company without your consent? Let us know in the comments. 

The plaintiffs are represented by Jonathan Gardner, Melissa H. Nafash, Jonathan Waisnor and Shannon K. Tully of Labaton Sucharow LLP, and Mark R. Miller of Wallace Miller.

The Samsung Galaxy biometric data class action lawsuit is Wallrich, et al. v. Samsung Electronics America Inc., et al., Case No. 1:22-cv-05506, in the U.S. District Court for the Northern District of Illinois. 

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