Class Action
Zellmer v. Meta
Zellmer v. Meta Platforms, Inc.
Where it stands
Ninth Circuit affirmed on June 17, 2024 — summary judgment for Meta on the § 15(b) collection claim and dismissal of the § 15(a) retention-policy claim for lack of Article III standing.
Key ruling
Zellmer v. Meta Platforms, Inc., 104 F.4th 1117 (9th Cir. June 17, 2024) — 'face signatures' that cannot by themselves identify an individual are not biometric identifiers or biometric information under BIPA. This is the leading appellate authority narrowing what counts as a regulated biometric identifier in AI vision systems, and the counterweight to Patel.
Note on this record
Filing date and plaintiffs' counsel not verified.The record
- Court
- U.S. District Court for the Northern District of California; affirmed by the U.S. Court of Appeals for the Ninth Circuit
- Case number
- 3:18-cv-01880-JD (N.D. Cal.); No. 22-16925 (9th Cir.)
- Filed
- Filing date not established
- Defendants
- Meta Platforms, Inc.
- Plaintiffs
- Putative class of Illinois non-users of Facebook whose photos were uploaded by Facebook users and processed into 'face signatures'
- Technology at issue
- Facebook 'face signatures' generated from uploaded photos for Tag Suggestions, including images of people who never had a Facebook account
- Relief sought
- BIPA statutory damages of $1,000 per negligent violation and $5,000 per reckless or intentional violation (740 ILCS 14/20) under 740 ILCS 14/15(a) and 15(b).
Claims pleaded
Sources (2)
- Zellmer v. Meta Platforms, Inc., No. 22-16925 (9th Cir. 2024)Justia · 2024-06-17
- Ninth Circuit Holds 'Face Signatures' Used for Photo Tag Suggestions Are Not Biometric InformationHunton Andrews Kurth LLP · 2024-06
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