Robert J. Boumis  |  July 21, 2016

Category: Consumer News

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image of Snapchat appThe popular social networking app Snapchat is facing another class action lawsuit over allegations the company has illegally collected biometric data from users without their consent.

According to a second class action lawsuit filed May 23 (Martinez v. Snapchat Inc.), Snapchat collected unique physical traits of their users—data that is usually called biometrics. This includes scans of fingerprints, facial recognition, and other biological measurements which are unique to individuals—and cannot be changed.

This is the second class action lawsuit to be filed over the collection of such data. The first, Siegal v. Snapchat Inc., also alleges that the collection of facial recognition data is illegal.

The Martinez Snapchat class action lawsuit hinges on an Illinois law that regulates the collecting of biometric data. The Illinois law recognizes the security risks associated with biometric data over other forms of consumer data. The text of the complaint cites 740 ILCS 14/5(c) of Illinois law: “[b]iometrics are unlike other unique identifiers that are used to access finances or other sensitive information.” This law allows for statutory damages.

Under the Illinois law, written informed consent is required to collect biometric data, including explanations of what is being collected, how long the information is being retained, and a written statement.

The Snapchat biometrics lawsuit holds that the Snapchat app has stored “tens if not hundreds of millions of ‘face templates’ (or ‘face prints’) – highly detailed geometric maps of faces – from millions of individuals, tens of thousands of whom, at least, reside in the State of Illinois.” This data is collected through various “lenses” in Snapchat which carefully measure and extract data from images of users’ faces. The class action lawsuit further alleges that none of these Illinois Snapchat members were adequately informed or consented to the collection of their facial data.

The Snapchat biometrics lawsuit was originally filed by two Illinois Snapchat users who assert that they never filed any kind of consent for the app to collect their biometric data, and used the application for months without realizing it was collecting their biometric data.

The Snapchat class action lawsuit seeks to recoup statutory damages of up to $5,000 per violation of the Illinois law, as well as attorney fees and other forms compensation.

The Illinois law takes a hardline stance on the issue because of the potential misuses of biometric data. Every day, biometric data becomes easier to read. Newer computers use biometric data—possibly similar to the facial geometry prints allegedly collected by Snapchat—in lieu of a password. And as the text of the Illinois law states, if biometric data is compromised, it’s not as simple as changing a password since the information is by definition intrinsic to a person’s physiology. For these reasons, it’s vital that consumers are able to control and protect their biometric data.

Potential Class Members could include any Illinois Snapchat users who were unaware that the the application was collecting their biometric data.

The plaintiffs are represented by attorneys Tina Wolfson of Ahdoot & Wolfson, PC; Katrina Carroll and Kyle Shamberg of Lite Depalma Greenberg, LLC; and Ryan F. Stephan and Jorge Gamboa of Stephan Zouras, LLP.

The Snapchat Biometrics Class Action Lawsuit is Jose Luis Martinez, et al., v. Snapchat Incorporated, Superior Court of California for the Count of Los Angeles, Case No. BC 621391.

UPDATE: On Aug. 24, 2016, the Snapchat class action lawsuit will remain in a California federal court, where a motion to send the case to arbitration awaits a judge’s decision.

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10 thoughts on2nd Snapchat Class Action Filed Over Collection of Biometric Data

  1. Amanda Pancer says:

    Add me

  2. Sharene HerronBanks says:

    Add me

  3. Holly Januszewski says:

    Add me

  4. Barry Warnell says:

    Add me

  5. Beverly D Fields says:

    Please add me. I’ve been using Snapchat since 2017.

  6. Lillie Coleman says:

    I live in Illinois and have use snapchat regularly. Please add me

  7. Daniel Monyongo says:

    I love in Illinois didn’t know about this

  8. Ryan Roseman says:

    Add me!

  9. Brandon Stallard says:

    add me i live in virginia and had a snap chat and deleted it social media is nothing but a scam to steal your data from you.

  10. Top Class Actions says:

    UPDATE: On Aug. 24, 2016, the Snapchat class action lawsuit will remain in a California federal court, where a motion to send the case to arbitration awaits a judge’s decision.

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