Plaintiff Moves to Remand Her BIPA Case vs. AWS to State Court

Cynthia Redd wants U.S. District Judge Elaine Bucklo for Northern Illinois in Chicago to remand her Illinois Biometric Information Privacy Act class action against Amazon Web Services to Cook County Circuit Court where it originated before AWS removed it Dec. 2 (see 2212050036), said her motion Friday (docket 1:22-cv-06779). Redd alleges Wonolo, an app-based job placement company, used AWS’ cloud-based software service, Rekognition, to verify the identities of Wonolo users who interacted with its app. “It is well established that where a plaintiff alleges only a statutory violation under Section 15(c), and no actual damages or particularized injury, she does not have Article III standing to pursue those claims in federal court,” said her motion. Redd alleges a procedural violation of Section 15(c), that AWS unlawfully profits from her and other Illinois Wonolo users’ biometric data, it said. Binding 7th Circuit precedent dictates that because Redd lacks Article III standing, the court lacks subject-matter jurisdiction over her Section 15(c) BIPA claims, “and they must be severed and remanded” to the Cook County court, it said.