Class Action
Sosa v. Onfido
Sosa, et al. v. Onfido, Inc.
Where it stands
Seventh Circuit affirmed denial of Onfido's motion to compel arbitration on August 11, 2021 (No. 21-1107), holding Onfido could not invoke the arbitration clause in OfferUp's user agreement as a non-signatory. Settlement of $28.5 million received final approval following the November 9, 2023 hearing before Judge Marvin E. Aspen, payable in installments over three years.
Key ruling
Sosa v. Onfido, Inc., 8 F.4th 631 (7th Cir. Aug. 11, 2021) — a biometric software vendor cannot compel arbitration under its customer's end-user agreement as a non-signatory; a key ruling keeping BIPA claims against B2B AI/biometric vendors in court.
Note on this record
Filing date not verified. Some secondary trackers report a smaller settlement figure; the $28.5 million total is taken from the court-approved settlement website.The record
- Court
- U.S. District Court for the Northern District of Illinois
- Case number
- 1:20-cv-04247
- Filed
- Filing date not established
- Defendants
- Onfido, Inc.
- Plaintiffs
- Illinois residents who uploaded a photo or video of themselves plus a photo ID to any application, software or website operated by an Onfido customer between June 12, 2015 and May 5, 2023, divided into a Financial Institution Class and a Non-Financial Institution Class
- Technology at issue
- Onfido identity-verification SDK embedded in third-party apps (including the OfferUp marketplace), which extracted facial geometry from a selfie and a government ID photo
- Relief sought
- BIPA statutory damages of $1,000 per negligent violation and $5,000 per reckless or intentional violation (740 ILCS 14/20) for collection without written notice, a published retention policy, or informed written consent under 740 ILCS 14/15(a)-(b).
- Settlement
- $28,500,000 ($12,785,595.90 Financial Institution Class; $15,714,404.10 Non-Financial Institution Class); approved claimants received $65–$110 or $210–$350 depending on class
- Counsel of record
- Edelson PC
Claims pleaded
Sources (2)
- Sosa v. Onfido, Inc. — Official Settlement Website FAQCourt-appointed Settlement Administrator
- Sosa v. Onfido, Inc., No. 21-1107 (7th Cir. 2021)Justia · 2021-08-11
This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.