The U.S. Court of Appeals for the Seventh Circuit has allowed a class action lawsuit against Amazon to proceed under Illinois’ Biometric Information Privacy Act, affirming class certification in a case involving the company’s virtual try-on feature.
The decision means plaintiffs may continue litigating on a class-wide basis rather than pursuing individual claims. The appellate court’s opinion focuses on whether the requirements for class certification are met, rather than resolving questions of liability or statutory compliance.
At issue is whether Amazon’s virtual try-on experience involves the capture or use of biometric identifiers or biometric information as defined by BIPA. The plaintiffs allege that the feature collects and processes biometric data without the disclosures, consent, and retention practices required under Illinois law.
The Seventh Circuit’s opinion addresses whether common questions predominate across the proposed class, including issues related to consent, notice, data handling practices, and statutory damages. The court concluded that these questions can be evaluated using common proof, supporting class treatment at this stage of the litigation.
The decision also references Illinois’ 2024 amendment to BIPA, which limits certain damages to once per person rather than on a per-scan basis. The court discusses this statutory context without resolving how the amendment applies to the claims at issue.
Amazon has faced multiple BIPA-related lawsuits over various biometric collection practices, reflecting broader scrutiny of how technology companies handle biometric data in Illinois.
Sources: Justia
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By the ID Tech Editorial Team
