A class action lawsuit filed in St. Clair County accuses Meta Platforms Inc. of violating provisions of Illinois’ Biometric Information Privacy Act (BIPA) through the social media company’s use of facial identifiers.
The July 5 complaint filed in the state’s 20th Judicial Circuit Court argues that Meta’s Facebook Messenger and Messenger Kids apps violate the privacy law because Meta did not inform the plaintiffs of its collection of biometric data through its augmented reality (AR) filters and photographic effects. Neither did Meta obtain written consent from the parties, according to the lawsuit.
The class action suit was filed on behalf of two East St. Louis residents – Rebecca Hartman and Joseph Turner – as well as two minor children, identified only as R.H. and E.T. The size of the class is estimated to be in the thousands or millions.
“When an Illinois resident downloads an app, [the] defendant does not inform them that biometric data will be collected from every person who uses the AR filters and effects on said app, including the user and any other person whose hands or face appears in front of the application and is subject to any AR filters or effects,” the complaint states.
Members of the class whose privacy rights were allegedly violated should receive actual damages caused by the alleged BIPA violations, $5,000 for each “intentional and reckless” violation, damages of $1,000 for each negligent violation, an order enjoining Meta from similar future actions, and reasonable attorney fees and litigation expenses.
Illinois lawmakers passed BIPA in 2008 as a way to protect Illinois residents from having their biometrics data stolen or used inappropriately. Biometric identifiers are defined as physiological components and can include fingerprints, voice prints, DNA, iris patterns, hand geometry, retina scans and facial geometry, according to the lawsuit.
“Once compromised, the individual has no recourse, is at a heightened risk for identity theft and is likely to withdraw from biometric-facilitated transactions,” the Illinois General Assembly reports.
Business groups, including the Illinois Manufacturing Association, have criticized the impact of the thousands of BIPA lawsuits, arguing that the law is outdated and that abuses of the law can lead to businesses having to shut down, resulting in job losses.
Meta has already paid $400 each to Illinois Facebook users and agreed to pay $68.5 million to settle claims regarding its Instagram platform.