Illinois Residents Get Their $32.56 Payouts for Instagram’s Biometric Privacy Violations

Residents of Illinois who participated in a $68.5 million class-action lawsuit against Instagram have started receiving their settlement payments.

The lawsuit alleged that Instagram’s features collected biometric data, violating Illinois’ Biometric Information Privacy Act (BIPA). BIPA mandates that companies must comply with specific requirements before collecting and storing biometric identifiers or information.

Eligible participants included anyone living in Illinois who used the Instagram app from August 10, 2015, to August 16, 2023. The deadline to file a claim was September 27, 2023, and on Friday, June 7th, claimants began receiving payments of $32.56 each.

This settlement is just one of many that companies of varying sizes have been forced to pay for BIPA violations over the past several years. Earlier this month, a janitorial services provider operating in Illinois also agreed to settle its BIPA case, for $1.85 million.

Change appears to be on the horizon, however, in the form of a significant amendment to BIPA that recently passed the state House of Representatives, following earlier approval by the Senate.

The amendment caps the fines for BIPA violations at $1,000 per person whose biometric data was collected without written consent, altering a previous provision in which damages could be levied for each instance of a violation. This change aims to address concerns from various businesses about the high costs of compliance and litigation under the existing framework.

Despite the potential impact this amendment could have on future settlements, critics argue it does not go far enough, since it doesn’t retroactively protect companies from previous violations, leaving them exposed to ongoing lawsuits. In response, Sen. Bill Cunningham emphasized that courts could consider the new amendment when determining liability.

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June 10, 2024 — by Tony Bitzionis