Menu Close

Berbix, restaurant chains and Microsoft can’t free themselves from BIPA cases

Another month, another batch of new BIPA lawsuits and court developments for the biometrics and privacy communities to pore over.

Biometric ID software maker Berbix faces a potential class action under the U.S. state of Illinois’s Biometric Information Privacy Act. The case, brought by Saba Mahmood, alleges that she was forced to submit a selfie and a photo of her driving license in order to rent a car under conditions that violate BIPA.

Berbix makes online ID verification software that it sells as a service to various companies. In this case, SilverCar by Audi in Illinois had integrated Berbix’s service in its website.

When the suit was filed, the software was used by SilverCar both to verify identification and to vet for fraud. Berbix subsequently moved for a dismissal of the case (1:22-cv-2456 in the U.S. district court for the northern district of Illinois). The motion was denied last week.

The National Law Review earlier this month said the case is important. It will continue to frame the applicability of the extraterritoriality defense that has been used by BIPA defendants, notably including biometric technology providers, to get out from under the trailblazing law.

In the restaurant sector, executives at a number of chains apparently were watching something other than biometric privacy news.

At least six companies, many of them household names, have been recording and analyzing the voices of Illinois customers calling to interact with the businesses.

According to reporting by trade publication Law360, the firms threatened with a class action are Portillo’s, a popular Chicago-area burger-and-hotdog eatery and fast-casual storefronts Applebee’s, Chipotle Mexican Grill, Noodle & Co., Blaze Pizza and Red Lobster.

The case was filed last week and also names the companies who made and sold the voice service. It charges that none of the outfits received consent to collect voice prints, nor did they explain how the data would be used and managed.

April Guy-Powell et al. v Applebee’s Restaurants LLC et al., case 2022-CH-08365, was filed in Cook County Circuit Court.

The next bit of BIPA news comes from Microsoft. Its lawyers say that the biometric privacy case that they have been fighting should be dismissed because the Illinois court hearing it has no general or specific jurisdiction.

Trade publication Law Street Media reports that U.S. District Court Judge Gary Feinerman sent some plaintiff claims down to state court. What is left before Judge Feinerman should be dismissed, in Microsoft’s eyes.

Uber has used Real Time ID Check, a face biometrics service from Microsoft. Uber drivers living in Illinois claim that they had no choice to but give up personally identifiable data that including a profile facial photo via the service.

On consent was request and none was offered, a BIPA violation.

Maybe so, but the court has no jurisdiction over a Washington-based company, according to Microsoft. It is not known when the judge will rule on the motion.

Last, the lawyers who successfully sued Google for face scans under BIPA, are asking a Cook County Circuit Court to award them fees totaling 40 percent of the $100 million settlement, according to the court-news publisher the Cook County Record.

The plaintiffs said their photos in Google‘s Photos app were improperly scanned and stored. No consent was sought.

Forty percent is reasonable, according to the lawyers, given the six years that they spent litigating the case. Read More

Generated by Feedzy


Innov8 is owned and operated by Rolling Rock Ventures. The information on this website is for general information purposes only. Any information obtained from this website should be reviewed with appropriate parties if there is any concern about the details reported herein. Innov8 is not responsible for its contents, accuracies, and any inaccuracies. Nothing on this site should be construed as professional advice for any individual or situation. This website includes information and content from external sites that is attributed accordingly and is not the intellectual property of Innov8. All feeds ("RSS Feed") and/or their contents contain material which is derived in whole or in part from material supplied by third parties and is protected by national and international copyright and trademark laws. The Site processes all information automatically using automated software without any human intervention or screening. Therefore, the Site is not responsible for any (part) of this content. The copyright of the feeds', including pictures and graphics, and its content belongs to its author or publisher.  Views and statements expressed in the content do not necessarily reflect those of Innov8 or its staff. Care and due diligence has been taken to maintain the accuracy of the information provided on this website. However, neither Innov8 nor the owners, attorneys, management, editorial team or any writers or employees are responsible for its content, errors or any consequences arising from use of the information provided on this website. The Site may modify, suspend, or discontinue any aspect of the RSS Feed at any time, including, without limitation, the availability of any Site content.  The User agrees that all RSS Feeds and news articles are for personal use only and that the User may not resell, lease, license, assign, redistribute or otherwise transfer any portion of the RSS Feed without attribution to the Site and to its originating author. The Site does not represent or warrant that every action taken with regard to your account and related activities in connection with the RSS Feed, including, without limitation, the Site Content, will be lawful in any particular jurisdiction. It is incumbent upon the user to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the RSS Feed, including, without limitation, the Site Content.  

Close Bitnami banner