In re Facebook Biometric Information Privacy Litigation
Opinion
Lead Opinion
Donato, J.
*1158 ORDER RE MOTION TO DISMISS AND SUMMARY JUDGMENT
In this putative class action under the Illinois Biometric Information Privacy Act, 740 Ill. Comp. Stat. 14/1 et seq. (“BIPA”), the named plaintiffs allege that defendant Facebook, Inc. (“Facebook”) unlawfully collected and stored biometric data derived from their faces. Although the case is brought by Illinois residents under Illinois law, it is before this Court because the parties agreed to transfer it here from the United States District Court for the Northern District of Illinois.
In the motions before the Court, Face-book argues that plaintiffs have failed to state a claim under BIPA and that a California choice-of-law provision in its user agreement precludes suing on an Illinois statute. Plaintiffs say the BIPA allegations do state a claim and that they never agreed to a choice of California law. Even if they had, plaintiffs contend Illinois law applies under traditional choice-of-law rules. 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.