FOLLOW US

America December 7, 2024 3 mins read

California Judge Allows Illinois Residents’ Biometric Privacy Lawsuit Against Google to Proceed

America ı By Rochdi Rais

0 Comments

Google DOJ Antitrust Case

A federal judge in California on Thursday allowed Illinois residents to continue with a simplified version of their class action against Google, accusing the tech giant of violating biometric privacy laws by using facial data collected from IBM.

U.S. District Judge Beth Labson Freeman ruled in favor of Steven Vance and Tim Janecyk, permitting their claim that Google violated the Illinois Biometric Privacy Act (BIPA) by collecting their biometric information without their consent. Judge Freeman also allowed their claim for unjust enrichment under Illinois law to proceed, but only insofar as they seek injunctive relief.

"The court finds that plaintiffs have pled enough facts from which reasonable inferences can be drawn to establish a plausible BIPA violation," the judge wrote.

However, Judge Freeman dismissed one of the plaintiffs' claims, ruling that Vance and Janecyk failed to present sufficient facts to show that Google "otherwise profited" from the biometric data. While the plaintiffs argued that Google used the IBM dataset to improve its facial recognition products, including Google Photos and Pixel smartphones, the judge concluded that this wasn't enough to sustain their claim of profit derived from the data.

The lawsuit, filed in 2020, claims that IBM created a dataset by scanning 100 million images from Flickr and made it available to for-profit entities. Google reportedly used this dataset to enhance its facial recognition technologies. The plaintiffs alleged that these technologies were employed in products such as Google Photos, Google Nest Hub Max, Google Pixel smartphones, and the Cloud Vision API.

In a previous ruling, Judge Freeman dismissed the case but allowed Vance and Janecyk to amend their complaint. This time, the judge concluded that the plaintiffs had provided enough evidence to suggest that the alleged violations occurred "primarily and substantially" in Illinois. Specifically, they claimed that the Pixel smartphones were engineered in Chicago and that the dataset included images of Illinois residents.

While Google argued that the plaintiffs failed to prove where the dataset was obtained or how it profited from it, Judge Freeman stated that these facts were not "necessarily dispositive."

Regarding unjust enrichment, the judge allowed the claim to continue, though she noted that the plaintiffs had not demonstrated that they lacked an "adequate remedy at law" for restitution or disgorgement. Nonetheless, the plaintiffs may still seek equitable relief, such as an injunction, to prevent future harm.

Vance and Janecyk had previously filed a separate lawsuit against IBM in Illinois state court, claiming it collected their facial data without consent. Nearly identical cases have been filed in California against Google and other tech companies, including FaceFirst, Amazon, and Microsoft.

Google and the plaintiffs' legal teams did not immediately respond to requests for comment on Friday.

The case is Steven Vance et al. v. Google LLC, case number 5:20-cv-04696, in the U.S. District Court for the Northern District of California. The plaintiffs are represented by Gary F. Lynch of Lynch Carpenter LLP, Scott R. Drury of Drury Legal LLC, Todd D. Carpenter of Lynch Carpenter LLP, and Katrina Carroll of Lynch Carpenter LLP. Google is represented by Bobbie J. Wilson, Sunita Bali, Susan D. Fahringer, Lauren J. Tsuji, and Anna Mouw Thompson of Perkins Coie LLP.

Previous Article

Federal Circuit Upholds Ruling in Favor of Lupin in Generic Drug Patent Dispute

Read More
2773 Posts

Rochdi Rais

Rochdi Rais is the Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 09, 2026
Trump Turns to Russian Diesel as Washington Eases Sanctions
By – Michallie Harrison
America October 9, 2026
Fortify $5.3M Motel Damage Suit: Developer…

A real estate development company is pushing back against two…

By – Rachel Moore
America October 9, 2026
Russian Hacker $10M Scheme: Oleg Korniev…

A Ukrainian-Russian dual citizen has admitted his role in an…

By – Rachel Moore
America October 9, 2026
Panama Earthquake: 7.6-Magnitude Quake Triggers Tsunami…

A powerful panama earthquake measuring 7.6 in magnitude struck off…

By – Tyler Brooks
America October 9, 2026
Mike Ditka Death at 86: Chicago…

The mike ditka death announcement has brought an era of…

By – Tyler Brooks
America October 9, 2026
Fort Hood Shooter Nidal Hasan Faces…

The fort hood shooter case has reignited a fierce national…

By – Tyler Brooks
America October 9, 2026
EEOC and Wagner Equipment $200K Deal…

The EEOC and Wagner Equipment $200K Deal could close a…

By – Tyler Brooks
America October 9, 2026
EEOC and Wagner Equipment $200K Deal…

The EEOC and Wagner Equipment $200K Deal could close a…

By – Tyler Brooks
America October 9, 2026
NFL Pro Tyreek Hill Takes the…

What the Jury Is Hearing Lakeeta “Keeta” Vaccaro Hill testified…

By – Samuel Lopez
America October 9, 2026
Green AI Cloud $300M SPAC Merger…

Green AI Cloud $300M SPAC Merger will take the Swedish…

By – Tyler Brooks
America October 9, 2026
Cornell Rape Case Raises a Difficult…

SIDEBAR Major research generally places demonstrably false sexual-assault reports at…

By – Samuel Lopez
America October 9, 2026
Arizona Court Cyberattack Exposes 1.3 Million…

What Arizona’s Court Breach Exposed A phishing link apparently opened…

By – Samuel Lopez
America October 9, 2026
Gemini Insurance Company Tells Judge An…

What’s Inside the Ad.com Coverage Fight Gemini Insurance says Ad.com’s…

By – Samuel Lopez
America October 8, 2026
Artificial: Andrew Garfield Says Playing Sam…

Artificial intelligence has become a growing source of debate in…

By – Jackie Allen
America October 8, 2026
Hegseth’s Execution Livestream Is a Disgrace

The Pentagon plans to livestream the firing-squad execution of Nidal…

By – Michallie Harrison
America October 8, 2026
Christa Pike Survived. Can Tennessee Execute…

NASHVILLE, Tenn. — Christa Pike is conscious and speaking after…

By – Michallie Harrison
America October 8, 2026
State’s Consent to Sex Laws Face…

The debate over consent to sex is intensifying after allegations…

By – Jackie Allen
America October 8, 2026
Cornell Gang-Rape Investigation: Accuser Says She…

The Cornell gang-rape allegations have come under renewed scrutiny after…

By – Jackie Allen
America October 8, 2026
Arizona Candidate Alleges Rape While Repairing…

Candidate alleges rape after she says she was attacked while…

By – Jackie Allen
America October 8, 2026
DeSantis Slams Anthropic’s Clergy Meetings As…

Inside the Claude Clergy Controversy DeSantis says Anthropic wanted clergy…

By – Samuel Lopez
America October 8, 2026
Arizona Candidate Alleges Rape While Repairing…

Candidate alleges rape after she says she was attacked while…

By – Jackie Allen
America October 8, 2026
Emergency room visits Double After Online…

Emergency room visits tied to gambling disorders doubled after Ontario…

By – Jackie Allen
America October 8, 2026
Former Public Defender Legal Assistant Accused…

What Prosecutors Say Happened A former Ninth Circuit Public Defender’s…

By – Samuel Lopez
America October 7, 2026
Cornell Defendant Asks Court to Remove…

What Readers Need to Know Gillio Lopes, one of seven…

By – Samuel Lopez
America October 7, 2026
Televangelist’s Race Bias Trial Puts Religious…

What Jurors Are Being Asked to Decide A federal jury…

By – Samuel Lopez
America October 7, 2026
Could a COVID-Level Outbreak Disrupt Russia’s…

By Samuel López | USA Herald Russia’s mysterious Siberian health…

By – Samuel Lopez
America October 6, 2026
Russian Lab Worker’s Mystery Pneumonia Death…

WHY THIS CASE DESERVES ATTENTION A 28-year-old worker at Russia’s…

By – Samuel Lopez
America October 6, 2026
ICE Fines: Judge Halts Rule Behind…

BOSTON — A federal judge has halted a Trump administration…

By – Michallie Harrison
America October 4, 2026
Russia Plague Scare Follows Lab Worker’s…

A Russia plague scare has prompted medical monitoring and reported…

By – Michallie Harrison
America October 4, 2026
OSHA Wants Overdose Reversal Kits at…

Inside OSHA’s Overdose Playbook for Employers OSHA wants naloxone kept…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 3, 2026
California Sends Cease and Desist Letter…

What Matters in This Fight California regulators have reportedly ordered…

By – Samuel Lopez
America October 3, 2026
Costco Faces $5 Million Sugar-Free Lawsuit…

By Samuel López | USA Herald Costco Wholesale Corporation is…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter