Apple will face a class-action lawsuit in Illinois over claims that the Photos app collected biometric data without proper consent, exposing the company to potential damages of up to $32.5 billion under the state’s Biometric Information Privacy Act.
The case began in March 2020, when a group of Apple users accused the Photos app’s People feature of creating facial identifiers without giving users the required notice or choice. Illinois law allows damages of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation.
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The court certified three proposed groups covering about 6.5 million people, including Illinois residents placed in a People album, users whose names appeared in those albums while iCloud Photos was enabled, and some users with large iCloud photo libraries running newer Apple software.
The Times reported that Apple tried to appeal the class certification immediately, but the court denied that request, which means the case will return to the district court for further proceedings.
The plaintiffs still need to prove that Apple violated Illinois biometric privacy law before the court awards any damages. Apple has also argued against the claims through several dismissal attempts during years of legal proceedings and discovery.
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