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Facebook Photo-Tagging Class Action Clears Hurdle

Posted By Sara Brylowski, Monday, May 9, 2016

Facebook Inc. on Thursday lost an attempt to get out from under an Illinois state law that puts in question the legality of its facial recognition technology.

U.S. District Judge James Donato of the Northern District of California denied a motion to dismiss a class action brought under the Illinois Biometric Information Privacy Act (BIPA).

"After briefing and an evidentiary hearing on disputed fact issues underlying choice of law, the court finds that Illinois law applies and that plaintiffs have stated a claim under BIPA," Donato wrote.

Facebook, represented by Mayer Brown, tried to argue that its user agreement provided it would be governed by California law, not the law of Illinois, where the plaintiffs live.

Read the whole story at The Recorder

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