Federal 7th Circuit Court
Civil Court
Class Certification
Plaintiffs filed a class action lawsuit alleging that defendant’s virtual try-on feature violated the Illinois Biometric Information Privacy Act through its capture and use of their facial data. The district court certified a class of users in the state of Illinois and defendant filed an interlocutory appeal. The Seventh Circuit found no abuse of discretion and affirmed, explaining that common questions relating to the defendant’s liability predominate and that class certification will streamline the litigation and that the district court did not abuse its discretion in finding that users of the product lacked sufficient incentive to bring individual lawsuits. (HAMLTON and ROVNER, concurring)