In re Clearview AI, Inc., Consumer Privacy Litigation,, 585 F. Supp. 3d 1111

Summary

HOLDINGS: [1]-In consumers' suit alleging that defendants violated the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., by using consumers' biometric information without their knowledge and consent, BIPA did not violate the First Amendment because it did not restrict a particular point of view and it was narrowly tailored to protect citizens' highly sensitive biometric information and data; [2]-There were disputed material facts as to whether plaintiffs' BIPA claims violated Illinois' extraterritoriality doctrine and whether BIPA violated the Dormant Commerce Clause, which required resolution by the trier of fact; [3]-Plaintiffs sufficiently alleged U.S. Const. art. III standing because they asserted that defendants' nonconsensual disclosure of their private information caused them concrete harm of violating their privacy interests in their biometric data.