We previously reported about a proposed class action suit against Facebook for the alleged violations of the Illinois Biometric Information Privacy Act. Facebook moved to dismiss the case for lack of personal jurisdiction.
On January 22, 2016, the Judge agreed with Facebook and dismissed the case stating that the plaintiff failed to allege that Facebook knew Illinois residents would upload photos to Facebook and tag individuals in the photos.
Further, the Judge stated that Facebook only operates an interactive website that is available to those who participate and doesn’t target residents of a particular state or aim its conduct at the state.
This is a significant precedential holding relating to the Illinois biometrics statute, but Facebook faces a similar proposed class action case in California. Similarly, Shutterfly was unsuccessful in having the biometrics case against it in Illinois dismissed. We will continue to watch these cases closely.