ALEJANDRO MONROY, on behalf of himself and all others similarly situated, Plaintiffs, v. SHUTTERFLY, INC., Defendant., 2017 U.S. Dist. LEXIS 149604

Summary

HOLDING: [1]-Defendant was not entitled to dismissal of putative class action alleging that defendant violated Illinois' Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., because there was nothing in the BIPA's statutory text to indicate that it lacked application to data of the sort obtained by defendant's facial-recognition technology, the court was unable to determine whether the suit would require extraterritorial application of the BIPA, the court was unpersuaded that the suit required the BIPA's application extraterritorially or in a way that violated the Dormant Commerce Clause, and the court declined to hold that a showing of actual damages was necessary in order to state a claim under the BIPA.