FB pixel

Mitek arbitration bid in biometric data privacy lawsuit rejected

Mitek arbitration bid in biometric data privacy lawsuit rejected

A U.S. District Court Judge has ruled that Mitek is not included in the arbitration agreement between its client HyreCar and a customer suing under Illinois biometric data privacy law.

The plaintiff in Joshua Johnson et al. v. Mitek Systems Inc. consented to arbitration to resolve disputes with HyreCar on signing up for its ride-sharing car rental app. When he was redirected to Mitek for identity verification through selfie biometrics, he alleges the company violated the Biometric Information Privacy Act by not gaining the required written consent or satisfying other conditions around data privacy.

Mitek had filed to compel arbitration, arguing that it is a party to the agreement between the plaintiff and HyreCar. As spotted by Bloomberg Law, Chicago Judge Ronald A. Guzmán ruled that Mitek could have been included had the agreement “expressly” said so, but it did not.

The judgement goes into some depth on the treatment of third-party beneficiaries under Illinois law, including a similar lawsuit against Onfido, in which compelled arbitration was likewise denied. A move to dismiss that case, arguing a defense based on the interpretation of data covered by BIPA, was also recently rejected.

Mitek also argued for arbitration on grounds of HyreCar’s reliance on its identity verification services, and the “fundamental fairness” of the complaint dodging the arbitration agreement by not naming HyreCar. Guzmán ruled that the company failed to show either point.

Article Topics

 |   |   |   |   |   |   |   |   | 

Latest Biometrics News


Digital identity leaders shepherd wallets into the mainstream

Discussion and debate at the European Identity and Cloud (EIC 2024) conference focused largely on how to achieve trust among…


Suprema, Strata Identity, Gunnebo gain security certifications

Recent certifications for Suprema, Strata Identity, Gunnebo and ISS reflect the broader industry trend towards stringent information security measures, ensuring…


Biometrics entering everyday activities via rising technologies

Biometrics underpin the new technologies that people will soon use on a daily basis for everything from payments to age…


Anticipation for Metalenz and Samsung’s answer to Face ID mounts

After Samsung and Metalenz collaborated to incorporate Samsung’s Isocell Vision 931 image sensor into Metalenz’s Polar ID imaging technology, Mashable…


Germany beefs up border security ahead of UEFA Championship

Germany has been ramping up security measures such as border checks and CCTV surveillance in preparation UEFA European Football Championship…


Inverid and Cybernetica team up to secure digital ID, signatures with biometric MFA

A new partnership has been formed by Inverid and Cybernetica to combine the NFC ID document-scanning capabilities of the former…


Leave a Reply

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

Most Read This Week

Featured Company

Biometrics Insight, Opinion

Digital ID In-Depth

Biometrics White Papers

Biometrics Events