Amazon has settled a class action lawsuit over alleged biometric privacy violations involving facial scans collected through the NBA 2K video game. The lawsuit, first filed in October of 2021, claimed that Amazon Web Services (AWS) collected and shared players’ facial feature data without proper consent.
Ann Mayhall initiated the case on behalf of her minor child against Amazon Web Services Inc. and Amazon.com Inc. The lawsuit alleged that AWS violated the Illinois Biometric Privacy Information Act (BIPA) when collecting and sharing facial feature vectors from players who created customizable in-game characters in NBA 2K.
Before the settlement, a federal magistrate judge in Washington recommended against dismissing the lawsuit, stating that “the complaint sufficiently pleaded that Amazon took possession of the facial scans and transmitted the data to multiple third-party gaming platforms.” A federal judge had previously declined to dismiss the class action lawsuit in April of 2023.
Amazon defended itself by arguing that the complaint failed to prove the company collected or disclosed NBA 2K users’ facial scans. The company also sought immunity under the U.S. Communications Decency Act as a passive cloud services provider. However, the case settled amid growing legal scrutiny of Amazon’s biometric data practices.
The case raised important questions about collecting biometric data from minors, as the lawsuit noted that the underage player could not provide legal consent. This settlement continues a pattern of biometric privacy litigation, including Incode Technologies’ recent $4 million settlement over similar BIPA violations.
Though the settlement terms remain confidential, the resolution contributes to emerging legal standards for how companies must handle biometric data in gaming and entertainment.
Sources: Bloomberg Law
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February 21, 2025 – by the ID Tech Editorial Team
