Ill. Decision Brings New Meaning to BIPA Claims: Match Group Plaintiff

The Illinois Supreme Court’s Feb. 17 opinion in Cothron v. White Castle System (docket 128004) said a separate claim accrues under the Illinois Biometric Information Privacy Act each time a private entity scans or transmits an individual’s biometric identifier or information in violation the statute, said plaintiff Marcus Baker in a notice of supplemental authority Monday (docket 1:22-cv-06924) in U.S. District Court for Northern Illinois in Chicago in support of his BIPA claims against Match Group (see 2212120046). The Illinois high court’s opinion means BIPA “allows for a new and separate accrual of a claim each time a plaintiff uploads a picture entitling the plaintiff to recover $1,000 or $5,000 for each separate BIPA violation,” said Baker’s notice. He submits the decision in support of his argument in his claims against Match Group “that the amount in controversy exceeds the jurisdiction limit of small claims court,” he said. Baker alleges Match Group and its affiliated dating websites collect, analyze and use unique biometric identifiers associated with people’s faces in photos uploaded to their apps and websites without disclosing or acknowledging the collection or requesting consent.