News & Analysis as of

Biometric Information Data Collection Arbitration

Troutman Pepper Locke

Ninth Circuit Mandates Arbitration in Millionaire Match Case: Emphasizes Totality of Circumstances in Online Contract Formation

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In a recent decision by the U.S. Court of Appeals for the Ninth Circuit, the court reversed a district court’s ruling and compelled arbitration in the case of Massel v. Successfulmatch.com dba Millionaire Match. The appellate...more

Carlton Fields

Seventh Circuit Affirms District Court Decision Refusing To Refer Putative Class Action Under the Illinois Biometric Information...

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In Joshua Johnson v. Mitek Systems, Inc., the Seventh Circuit affirmed a district court order denying defendant Mitek Systems, Inc.’s motion to compel arbitration of the plaintiff’s claims brought under the Illinois Biometric...more

Blank Rome LLP

Designing a BIPA Defense: Using Arbitration Agreements and Class Action Waivers to Limit BIPA Liability

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Over the last 18 months or so, companies that utilize fingerprint scanners and other biometric technologies have faced a relentless wave of class action litigation filed in connection with purported violations of Illinois’...more

Carlton Fields

Court Denies Vimeo’s Motion to Compel Arbitration of Purported Class Action Claims Under Illinois Biometric Information Privacy...

Carlton Fields on

Vimeo Inc. sought to compel arbitration of putative class claims brought by Bradley Acaley relating to the use of Magisto, a video creation app. Acaley claimed that the app’s use of face-geometry scan technology violated the...more

Carlton Fields

Illinois Federal Court Finds Shutterfly User Must Arbitrate Illinois Biometric Privacy Claim Even Though Shutterfly Unilaterally...

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Plaintiffs Vernita Miracle-Pond and Samantha Paraf, each Shutterfly users with a Shutterfly account, sued defendant Shutterfly Inc., on behalf of themselves and similarly situated Shutterfly users, under the Illinois...more

Seyfarth Shaw LLP

Illinois Federal Court Sends Privacy Class Action Against Shutterfly To Arbitration

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Seyfarth Synopsis: After a defendant in a biometric privacy class action lawsuit unilaterally implemented an arbitration clause, a federal court in Illinois granted the company’s motion to compel arbitration, holding that...more

Fox Rothschild LLP

Illinois Appellate Court Rules That Actions Under The Biometric Information Privacy Act Are Not Subject To Wage And Hour...

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With the recent spate of class actions under Illinois’ Biometric Information Privacy Act (“BIPA”), courts are considering an array of litigation-related questions that such actions pose. One such issue recently was addressed...more

Stinson LLP

Employee Biometric Privacy Claims Escape Arbitration

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A recent ruling in the Illinois Appellate Court maintained that biometric data claims under the Illinois Biometric Information Privacy Act (BIPA) do not amount to wage-and-hour claims subject to a luxury hotel owner's...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2018 #5

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It has been reported that a hacker was able to break into the servers of TheTruthSpy, a company that is described as “one of the most notorious stalkerware companies out there” (Motherboard, August 2018) and was able to steal...more

Robinson+Cole Data Privacy + Security Insider

Southwest Airlines Biometric Information Case Dismissed—Sent to Arbitration

We have been following litigation surrounding the Illinois Biometric Information Privacy Act (BIPA), and noting that many employers have been sued for using fingerprints for employees to clock into their jobs....more

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