Illinois Federal Court Rejects Arbitration of BIPA Class Action

An Illinois federal court recently denied a motion to compel individual arbitration of a class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA). In Acaley v. Vimeo Inc., the plaintiff brought a putative BIPA class action against the maker of user-created video software, alleging the defendant “violated BIPA by using facial recognition technology to scan, collect, and store his and other users’ face geometries from videos and photographs they uploaded to [the defendant’s website/app] without satisfying [BIPA’s] requirements.”