BENTON – Facebook owner Meta Platforms, defending a claim that it violated privacy of everyone in pictures on Messenger and Messenger Kids applications, removed the claim from St. Clair County Circuit Court to U.S. district court.
Meta asserted federal jurisdiction under national class action law that limits state court jurisdiction to $5 million.
Meta counsel Daniel Fenske of Chicago claimed no exceptions to the national law apply.
Millions of Illinois citizens might belong to the class according to Ryan Keane of Clayton, who represents St. Clair County residents Rebecca Hartman and Joseph Turner.
Keane filed a complaint for Hartman, Turner, and their minor children in St. Clair County in July, alleging violations of Illinois' Biometric Information Privacy Act (BIPA).
He sought statutory liquidated damages of $1,000 for each negligent violation and $5,000 for each reckless or intentional violation.
He also sought actual damages, unlike plaintiffs who allege violation without alleging harm.
Keane claimed device users downloaded Messenger and Messenger Kids for free from the application stores of Google, Apple, and others.
He claimed the applications collected face data through augmented reality filters and effects.
“Users of the apps are not told by defendant that it is collecting biometric data,” he wrote.
Keane claimed the steps in signing up for Messenger Kids provided no process for parent consent.
He added that Facebook published a privacy notice last year but didn’t address past data, disclose current collection, or deny possession.
Keane also claimed the applications collect information from all individuals in the frame and Meta can’t obtain consent from those who don’t use the applications.
He claimed many individuals in the pictures are minors who can’t consent.
He alleged a data breach on one device could disclose data on many devices.
Keane claimed solid state memory can withstand drops, extreme temperatures, and magnetic fields.
Unless corrupted, Keane alleged it will outlive its user and last in perpetuity.
He proposed to certify a class of Illinois citizens who used Messenger and Messenger Kids and whose faces were used by augmented reality filters from 2018 to judgment.
He proposed a subclass for other Illinois citizens whose faces were used.
As for jurisdiction, Keane claimed Meta does business in St. Clair County and is therefore a resident of the county.
He added that all transactions with Hartman and Turner occurred in St. Clair County.
Those points didn’t deter Meta from removing the case to district court.
The clerk randomly assigned Magistrate Judge Reona Daly, who will preside unless a party declines consent to magistrate jurisdiction.
If that happens the clerk will randomly assign a district judge.