FB pixel

Facebook argues against class action certification in BIPA lawsuits

 

Facebook has told a federal judge in California that plaintiffs attempting to certify a pair of related class action suits against the company have failed to show common harm, and that the certification attempts are last-ditch efforts to save their claims, Law360 reports.

The claim was made by Facebook in response to a motion filed last month by users and non-user Frederick Gullen to certify their suits under Illinois’ Biometric Information Privacy Act (BIPA) as class actions. Facebook argues that there is no simple or unified way to show identical harms for the proposed classes, or that it had analyzed and stored facial scans.

If the proposed class members’ biometrics data was not captured by Facebook, they would not be eligible to sue under BIPA. Facebook also referred to an Illinois appellate court decision in Rosenbach v. Six Flags last month that a consumer must show “injury or adverse effect” to qualify as “aggrieved” under BIPA.

“Each plaintiff admitted at his deposition that he has suffered no harm from Facebook’s alleged conduct, and plaintiffs do not give a reason to believe that any class member is different in that respect,” Facebook said, per Law360. “Yet they claim entitlement to billions of dollars based on an aggregation of BIPA’s statutory damages provision. Neither Rule 23 nor federal due process permits certification of a no-injury class seeking an aggregate award in the billions.”

Facebook also contends that the plaintiffs have forwarded a fundamentally different class definition in their latest filing than in the consolidated complaint. The company says the latest filings violate procedure and highlight the problems that have characterized the attempt at class treatment. It also says Gullen’s action is “in shambles,” and that it has no identifying information about non-users who appear in images uploaded to the site, and no feasible way to identify or obtain consent from them.

Both class action certification attempts are expected to be considered at a March 29 hearing.

As previously reported, U.S. District Judge James Donato expressed skepticism of Facebook’s position that harm had not been demonstrated in a November hearing.

Article Topics

 |   |   |   |   | 

Latest Biometrics News

 

Canada regulator backs privacy-preserving age assurance

The Office of the Privacy Commissioner of Canada (OPC) has published a policy note and guidance documents pertaining to age…

 

FCC seeks comment on KYC revision for commercial phone calls

The U.S. Federal Communications Commission (FCC) has proposed stronger KYC requirements for voice service providers to prevent scams and illegal…

 

Deepfake detection upgrade for Sumsub highlights continuous self-improvement

Sumsub has launched an upgrade to its deepfake detection product with instant online self-learning updates to address rapidly evolving fraud…

 

Metalenz debuts under-display camera for payment-grade face authentication

Unlocking a smartphone with your face used to require a camera placed in a notch or a punch hole in…

 

UK regulators pan patchwork policy for law enforcement facial recognition

The UK’s two Biometrics Commissioners shared cautionary observations about the use of facial recognition in law enforcement over the weekend…

 

IDV spending to hit $29B by 2030 as DPI projects scale: Juniper Research

Spending on digital identity verification (IDV) technology is projected to reach a 55 percent growth rate between now and 2030,…

Comments

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Biometric Market Analysis and Buyer's Guides

Most Viewed This Week

Featured Company

Biometrics Insight, Opinion

Digital ID In-Depth

Biometrics White Papers

Biometrics Events