BIPA Class Action Accuses Tinder of Collecting Facial Biometric Data of Illinois Users
A proposed class action alleges Tinder’s photo verification feature illegally collects and stores biometric facial data of Illinois users without their permission.
Six Illinois citizens have filed the BIPA Class Action against the Match Group, the owner of 45 popular online dating apps including Tinder, Match.com, OKCupid, Hinge and PlentyOfFish, among others. The 19 page complaint accuses Tinder of violating the Illinois Biometric Information Privacy Act (BIPA) by failing to obtain express written permission before retaining facial scans of Tinder users from Illinois.
Tinder is allegedly collecting users’ facial biometric data through its “Photo Verification” feature
According to the complaint, beginning in 2020, users of the dating app were required to take a video selfie in order to “photo verify” their profiles. To ensure that a “real, live person took the video and that it was not digitally altered or manipulated,” Tinder performs a “liveness check” by scanning the user’s face. The next step in the case involves Tinder’s “3D face authentication” tool, which is based on facial recognition technology to determine a user’s facial geometry.
Furthermore, profiles that go through both processes earn a “photo verified” status and a blue checkmark. The lawsuit alleges Tinder uses these capabilities to collect and store biometric facial scans from its users without first informing them or obtaining their express consent.
BIPA protects the biometric data privacy of Illinois residents
BIPA requires private entities to obtain informed written consent before collecting, using, or storing biometric identifiers. The BIPA protects information sufficient to recognize a person’s face as biometric information.
Companies like Tinder are required by the BIPA to inform customers of the “specific purpose and length of term for which such biometric identifiers or information are being collected, stored, and used”. Furthermore, private organizations are also required to publish written retention schedules for securely erasing biometric data in accordance with the BIPA.
Any private entity that violates the BIPA may have to pay Illinois residents up to $5,000 for each such violation. Hence, each time a facial recognition runs on a person’s image may be a separate violation.
The BIPA Class Action seeks to represent all Illinois Tinder users
The class action seeks to include all Illinois residents who used Tinder’s biometric authentication feature. Or each Illinois Tinder user whose biometric facial scan was captured, collected, stored, or otherwise obtained by the dating app.
If you are an Illinois resident who has used Tinder, you may be eligible to be a class member. You can be a member of the class if you have used Tinder’s “Photo verification” feature. You may also be eligible to receive money from any future rewards or settlements as a class member.
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BIPA Class Actions throw light on the rising trend of biometric data collection
Class actions filed over the past few years allege a variety of BIPA violations. The complaints raise serious allegations about modern day biometric data collection practices. In many cases, Courts have ordered the Defendants to pay huge compensations to the affected class. While in many others, Defendants have chosen to settle with the class to avoid litigation.
Snapchat settled a BIPA class action for $35 millions. While Google agreed to a $100 million settlement in a case, and Facebook settled another for $650 millions. TikTok agreed to a $92 millions settlement in another BIPA class action.
Now that many businesses use biometric time keeping systems which require employees to scan their fingerprints to clock-in or clock-out. If done without prior written consent, this may violate BIPA. Consequently Class Actions alleging this particular violation have been on the rise.
Some well-known businesses accused of taking employees’ fingerprints in violation of the BIPA include McDonald’s, KFC, Taco Bell, and Pizza Hut.
Are other businesses also collecting your biometric data, possibly without consent? Read our investigation on how your Biometric Data Privacy might be at risk and how the laws can help you in securing your biometric data privacy.
You can also secure your Biometric Data Privacy
Quite possibly, businesses may be using your facial biometric data without your consent as well. Your biometric privacy may be at risk too.
If you are an Illinois resident, you may be eligible to collect money as a BIPA class member. Or you may even file a class action under the BIPA yourself.
Certainly all of us interact with various businesses which collect and use our biometric information for authentication, or authorization. Many a times even without our knowledge or informed consent.
Illinois residents can bring actions under the Biometric Information Privacy Act and recover up to $5,000 for each instance of violation they suffered.
Residents of certain other states could also find similar remedies under their state laws. For instance, California’s CCPA and CPRA offer similar protections to Californians. Multiple consumers have filed class actions alleging similar privacy violations under these laws as well.
We can help in investigating your data privacy claims. Please contact us to consult a class action lawyer at ClassActionNews today.
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