Those lawsuits have claimed businesses failed to abide by BIPA’s notice and consent rules before scanning customers’ faces to help sell cosmetics and eyeglasses, or when tracking users’ photos across social media platforms.īIPA lawsuits have already produced settlements worth hundreds of millions of dollars from Facebook and Google, and a bevy of other settlements ranging from hundreds of thousands of dollars to as much as $50 million. However, many other lawsuits have also targeted businesses over so-called biometric scans of customers’ faces. The bulk of the litigation has targeted employers, primarily over claims employers failed to get consent and failed to provide notice to workers before requiring them to scan their fingerprints to verify their identity when punching the clock to begin or end work shifts, or to access secure areas in the workplace, such as cash rooms or drug lockers. The BIPA law has been used in recent years by a growing number of plaintiffs’ class action firms to launch thousands of class action lawsuits against businesses of all types and sizes. “Indeed, CVS could not certify the Biometric Passport Photos as it does without collecting Biometrics because verifying the … specified criteria – eyes open, eyes looking straight ahead, mouth unsmiling, facial position, head size and so on – necessarily requires mapping and measuring these facial features,” the complaint said.ĭespite CVS’ notices and advertisements to customers concerning the face scanning and biometric capturing technology in their passport photo system, the lawsuit asserts CVS failed to provide the correct form of notice required by the state law known as the Illinois Biometric Information Privacy Act.įurther, the complaint asserts CVS failed to obtain written consent from customers before scanning their faces during the passport photo session, as allegedly required by the BIPA law. When photos are taken with the system, it then scans the digital image “for biometric identifiers,” by performing “a scan of face geometry on the consumer’s photo.”Īccording to the complaint, the system ensures the image meets federal requirements, including verifying the head is in the correct position, eyes are open and the mouth is closed, among other criteria. The lawsuit was filed on behalf of named plaintiffs Denise Daichendt and Ada “June” Odell, each of whom were identified as residents of Cook County.Īccording to the complaint, both Daichendt and Odell went to CVS pharmacies in Chicago and Niles, respectively, within the past 12 months for special passport photos to be taken with the Kodak Biometric ID Photo System.ĬVS allegedly informs customers who are taking their passport photos at their pharmacies that the Kodak Biometric system “automatically verifies your photos meet all government requirements.” The lawsuit was filed in Cook County Circuit Court on May 20, by attorney Gary Klinger, of the firm of Milberg Coleman Byrson Phillips Grossman, of Chicago.
Retail pharmacy giant CVS has been hit with a class action under Illinois’ biometrics privacy law, claiming customers had their biometric facial geometry captured without their consent when they went to CVS pharmacies in Illinois to have their photos taken by a special passport photo system, which is specifically designed to capture facial geometry to comply with federal biometric passport rules.
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