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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Class action alleges Face App violates BIPA

Lawsuits
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EAST ST. LOUIS – Edwardsville lawyer Jeff Cooper of Flint Cooper joined Belleville lawyers James Radcliffe, Christopher Cueto and Lloyd M. Cueto in filing a biometric privacy suit against Face App at U. S. district court on Aug. 8.

They seek to appoint Chelsea Purchase of St. Clair County as leader of a class seeking $1,000 for each negligent violation of biometric law and $5,000 for each intentional violation.

They sued a company they identified as a subsidiary of FTL in Cyprus.

Radcliffe wrote, “From 2018 through 2022, Face App has had an average of 48 million users.”

“Since its launch, Face App has been downloaded over 350 million times,” he wrote.

Radcliffe claimed Face App allows members to upload and edit photographs within it.

It allegedly collects, stores, and uses member information in violation of the Illinois Biometric Privacy Act.

Radcliffe claimed it never informed members that it would collect, store, and use facial information.

He claimed it never informed users of the specific purpose and length of term for which their information would be collected, stored, and used.

He added that it never received written releases.

“These issues were the subject of a letter issued by Senator Chuck Schumer,” he wrote.

He claimed Purchase has used Face App for several years.

“Since using Face App, Plaintiff has uploaded many photographs to Face App’s network that include images of her face,” he wrote.

Radcliffe proposed to define the class as all Illinois residents who had identifiers collected, captured, or otherwise obtained.

He claimed the definition might be expanded or narrowed subject to information obtained through investigation and discovery.

The court clerk randomly assigned Magistrate Judge Mark Beatty.

Cooper and John Simmons operated an asbestos litigation firm until Cooper started Eudora Global and other international investment entities.

The entities remain active; but last year, Cooper and Ethan Flint formed Flint Cooper.

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