Media Editing App Maker Settles BIPA Lawsuit for Nearly $4.5M

Lightricks, a technology company known for its popular mobile applications such as Facetune, Photoleap, and Videoleap, has reached a settlement in a class-action lawsuit involving its alleged violations of Illinois’ Biometric Information Privacy Act (BIPA).

The lawsuit, King v. Lightricks, LTD and Lightricks US, Inc., was filed in the Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois. It centers on allegations that Lightricks’ apps collected and stored users’ biometric data, particularly face data, without obtaining the required consent under BIPA, which mandates transparency and user permission before biometric data can be collected.

The settlement pertains to individuals in Illinois whose biometric information was analyzed by Lightricks apps between September 30, 2017, and November 22, 2024. The class action settlement establishes a fund of $4.485 million, from which affected users who submit approved claims will receive payments of up to $60.

However, if the total claims exceed the settlement fund after accounting for legal fees, service awards, and administrative expenses, the payouts will be reduced on a pro-rata basis. The claim submission deadline is December 23, 2024, and claims can be filed online or via mail.

The court is scheduled to hold a final approval hearing for the settlement on January 6, 2025. At this hearing, the court will consider whether the settlement is fair and adequate, and whether it was entered into without collusion.

It’s the latest settlement to come about after BIPA was amended in August 2024 through the passage of Senate Bill 2979, marking the first significant update to the law since its introduction in 2008. The amendment came in response to the Illinois Supreme Court’s ruling in Cothron v. White Castle, which interpreted BIPA to allow for damages to accrue with each instance of biometric data collection or disclosure without consent.

That ruling opened the door for potentially crippling “per-scan” damages, leading to excessive financial liabilities for companies found in violation.

To address this, the BIPA amendment now limits damages to a single recovery per person, regardless of how many times the same biometric data was collected or shared. This adjustment significantly reduces potential damages, especially for businesses that rely heavily on biometric technology, like time clocks or facial recognition systems. The amendment also clarifies that written consent for biometric data collection can include electronic signatures, a move that simplifies compliance for businesses by formalizing electronic consent processes.

–

October 24, 2024 – by Cass Kennedy