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Rosenstengel extends trial date in suit alleging Apple violates BIPA through facial recognition tech
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Rosenstengel denies motion to compel Apple to provide personal information in facial recognition suit
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Schlichter
Apple Inc. argues that providing the personal information of Illinois residents with Apple devices and accounts for discovery purposes violates their privacy in a lawsuit alleging its photo app collects and stores biometric identifiers through facial recognition technology.
Attorney Andrew Schlichter of Schlichter Bogard & Denton LLP in St. Louis filed a motion to compel class discovery on April 19 on behalf of the putative class.
Schlichter wrote that “class members are Illinois residents with Apple devices whose biometric information was collected without their consent in violation of the Illinois Biometric Information Privacy Act (BIPA).”
He wrote that the request is “minimally burdensome” for Apple to produce.
District judge Nancy Rosenstengel granted Apple Inc.’s motion to supplement its motion for reconsideration of an order remanding the claim that it profited from individual biometric data to the St. Clair County Circuit Court.
Apple filed its motion for leave to submit supplemental authority in support of its motion to reconsider on Dec. 16 through attorney Raj Shah of Chicago.
Apple argued that the Seventh Circuit accepted an appeal to review a remand order in another lawsuit involving the Illinois Biometric Information Privacy Act (BIPA) against Clearview Al Inc. on Nov. 18. Plaintiff Thornley’s suit alleges Clearview sold access to a database containing biometric information.