A class action lawsuit has been filed against the dating app Victoria Milan by plaintiff Michael Massel, alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The lawsuit claims that Victoria Milan unlawfully collected, stored, and used the facial geometry of its Illinois customers without obtaining proper consent.
Under BIPA, companies must inform individuals in writing before collecting or storing their biometric data, specify the purposes and duration for which the data will be used, and obtain written consent from the individuals or their authorized representatives.
Massel alleges that Victoria Milan failed to meet these requirements. Instead of providing written notifications, the app required users to upload a selfie during the sign-up process, which was then processed without clear information about data storage practices or the specific purposes for data collection.
The lawsuit filing argues that unauthorized access to biometric data or breaches can lead to severe consequences such as identity theft and unauthorized tracking. Massel seeks certification of the class action, damages of $5,000 for each intentional or reckless violation of BIPA, or $1,000 for negligent violations, along with attorneys’ fees, costs, and a jury trial.
Victoria Milan has not yet responded to the allegations. The plaintiff is represented by Michael L. Fradin and James L. Simon of Simon Law Co.
For more on BIPA and other identity related legislation, listen to ID Tech’s recent conversation with Terry Brenner, IDVerse’s VP and Head of Legal and Compliance. As a legal expert at a major identity assurance vendor, Terry joined the ID Talk podcast to share his unique perspective on a range of topics, from the shifting regulatory landscape, to educating clients about risk, to the importance of having an ethical framework in place.
Source: Top Class Actions
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October 9, 2024 – by Tony Bitzionis
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