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Incode Agrees to $4M Settlement in Illinois Biometric Privacy Lawsuit

ID Tech Editorial Team|February 3, 2025|2 min read

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Incode Technologies has agreed to pay $4 million to settle a lawsuit alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The settlement comes amid a growing trend of BIPA-related settlements in Illinois, where strict regulations govern the collection and handling of biometric data.The lawsuit alleged that Incode failed to comply with BIPA’s requirements for collecting and storing biometric data, particularly regarding proper user notification and consent protocols. Under BIPA, companies are required to provide written notification about biometric data collection, specify the duration and purpose of data storage and use, and obtain explicit written consent before collecting biometric information.

Illinois residents who uploaded a selfie and photo ID to an Incode-powered application, software, or website between November 11, 2018, and August 5, 2024, may be eligible for compensation ranging from $65 to $240. The final amount will depend on the total number of valid claims submitted.

This settlement follows similar recent resolutions in Illinois, including Charlotte Tilbury Beauty’s $2.9 million settlement and Old Dominion Freight Line’s settlement over biometric data collection practices.

Eligible individuals do not need to provide proof of using an Incode-powered service, though including details about when and where the service was used may be helpful. Former Illinois residents who used the service while physically present in Illinois during the specified period remain eligible for compensation.

Payment distribution is expected to begin in early 2025. Claims can be filed through the official settlement website at incodebipasettlement.com.

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February 3, 2025 – by the ID Tech Editorial Team

Tags: Biometric Data Consent Violations Biometric Lawsuit Settlements BIPA Lawsuit Payout Facial Recognition Legal Issues Illinois biometric privacy law Illinois Data Privacy Regulations Incode BIPA Settlement Incode Technologies Legal Case

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