ARTICLE
9 September 2021

Biometric Privacy Class Action Against Google Is Stayed To Reduce Litigation Costs

M
Mintz
Contributor
Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
A federal court in Illinois agreed with Google that a biometric privacy lawsuit filed against it in the Northern District of Illinois should be stayed in favor of a similar pending state court case.
United States Privacy
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A federal court in Illinois agreed with Google that a biometric privacy lawsuit filed against it in the Northern District of Illinois should be stayed in favor of a similar pending state court case. Although it is not uncommon for plaintiffs' firms to file nearly duplicative lawsuits in state and federal courts, it is not always a guarantee that such lawsuits will be automatically stayed. Before a stay order can be obtained, the defendant typically must still engage in costly (and sometimes lengthy) motion practice. And at least some courts still allow the later-filed action to proceed, on various grounds.

This time, the district court made it clear that such duplicative actions should not be allowed, as they waste the parties' and judicial resources. They also create the risk of inconsistent rulings. In the underlying lawsuit, which will now be addressed by the Illinois state court, the named plaintiff alleged that Google violated the Illinois Biometric Information Privacy Act (BIPA) by using Google Photos service to scan individual pictures and extract biometric data without informed consent. 

This is a helpful procedural win for Google and for defendants facing similarly duplicative privacy class actions around the country.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
9 September 2021

Biometric Privacy Class Action Against Google Is Stayed To Reduce Litigation Costs

United States Privacy
Contributor
Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
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