On Friday, February 26, 2021, U.S. District Court Judge, Judge Donato approved a $650 million settlement of the privacy lawsuit against Facebook for allegedly using photo face-tagging and other biometric data without the consent of its users. This is one of the largest settlements for a privacy violation to date in the United States. We previously discussed this case last year in the blog post titled, "Class Actions and Privacy Laws – Could Facial Recognition Technology Be Changing the Face of the “injury-in-fact” Requirement for Class Actions?" As previously discussed, in the earlier post of February 2020, [...]
On December 3, 2020, Maximilian Klein and Sarah Grabert filed a class-action lawsuit against Facebook in the U.S. District Court for the Northern District of California, alleging certain privacy practices in violation of the Sherman Antitrust Act. The crux of Plaintiffs’ Class Action Complaint alleges that in exchange for providing services to Facebook’s users, Facebook collected user data, allowing advertisers to use it for targeted advertising to Facebook users. More specifically, Plaintiffs allege that Facebook and its affiliated companies (Instagram, Messenger, WhatsApp, Oculus) used this data to target smaller companies and competitors to eliminate competition and [...]
Throughout the COVID-19 crisis, individuals and businesses have gotten creative about how to gather and meet for everything from company meetings to happy hours to high school reunions and weddings. While applications like Skype and FaceTime have been popular for years, Zoom is the program that is on the tip of everyone’s tongue—mainly because it allows numerous people to meet and talk to each other via video link all at the same time. Originally developed as a video-conferencing program for businesses, Zoom, for the first time, is now serving individual users for activities having nothing to [...]
Class Actions and Privacy Laws – Could Facial Recognition Technology Be Changing the Face of the “injury-in-fact” Requirement for Class Actions?
Facial recognition software has grown exponentially over the past several years. It is used almost everywhere, from airports, shopping centers, law enforcement and even Facebook. Many states have also issued privacy laws protecting consumers from these types of invasions of privacy. For example, Illinois enacted The Illinois Biometric Information Privacy Act, which has been in the news lately. 740 Ill. Comp. Stat. 14/1 et seq. (2008). This statute requires companies to obtain written releases from individuals before collecting their “face geometry” and other biometric data. A recent case demonstrates the strict application of this statute. In 2015, [...]