Illinois: Legal Action for Alleged Privacy Violations by Instagram
Last Updated on June 21, 2023
Investigation Complete
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If you still have questions about your rights, contact an attorney in your area as there is a time limit for filing all lawsuits. The information on this page was posted when the investigation began and is now for reference only.
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At A Glance
- This Alert Affects:
- Any Illinois resident who has an Instagram account.
- What’s Going On?
- Attorneys working with ClassAction.org are gathering Instagram users to take action against the company. It’s believed that Instagram may have violated an Illinois-specific privacy law by collecting users’ biometric information, including scans of their faces, without first obtaining their written consent.
- What Am I Signing Up For?
- You’re signing up to participate in what’s known as “mass arbitration.” This is different from class action litigation, and occurs when hundreds or thousands of consumers bring individual arbitration claims against the same company, at the same time, over the same issue.
- What Could I Get?
- While there are no guarantees, it’s possible that those who sign up for mass arbitration could be entitled to $1,000 or more.
Attorneys working with ClassAction.org would like to speak to any resident of Illinois who has an Instagram account.
Instagram may have illegally used facial recognition software and improperly collected personal data, in violation of the Biometric Information Privacy Act (BIPA).
What Did Instagram Allegedly Do Wrong?
It’s been alleged that Instagram violated the Biometric Information Privacy Act, a law specific to Illinois that provides protections regarding the collection and storage of consumers’ biometric information. Biometric data generally includes fingerprints, “voiceprints,” retina or iris scans, and scans of a person’s “facial geometry” – also known as “faceprints.”
Meta, Instagram’s parent company, has already agreed to pay $550 million to resolve claims that it violated the BIPA with the use of its “tag suggestions” feature, but Instagram users are not yet covered.
What Am I Signing Up For, Exactly?
Mass arbitration occurs when hundreds or thousands of consumers bring individual arbitration claims against the same company, at the same time and over the same issue.
Mass arbitration is different than traditional litigation, which involves filing a formal lawsuit with the court and potentially going to trial. In general, arbitration is a form of alternative dispute resolution in which two parties resolve a disagreement outside of court with a third-party arbitrator, as opposed to a judge or jury, deciding on the matter.
While Instagram is no stranger to class action litigation, the company has argued in court that most customers agreed to arbitrate their claims when they agreed to the app’s terms and conditions. This is why some attorneys have decided to handle the breach on a mass arbitration basis.
Who Am I Signing Up With?
The firm handling this matter is Milberg Coleman Bryson Phillips Grossman, a pioneer in the class action space and widely recognized as a leader in protecting the rights of consumers.
What Does This Cost?
It costs nothing to sign up. The attorneys handling the mass arbitration will only get paid if they recover money on your behalf, and their payment will come as a percentage of your award. If they don’t win your claim, you don’t pay.
What Could I Get?
While there are no guarantees, it is possible that those who sign up for the mass arbitration could potentially be entitled to $1,000 or more.
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