Patel

In this putative class action case under the Illinois Biometric Information Privacy Act, 740 Ill. Comp. Stat. 14/1 et seq. ("BIPA"), named plaintiffs allege that defendant Facebook, Inc. ("Facebook") unlawfully collected and stored their biometric data without prior notice or consent. Dkt. No. 40. Facebook asks to dismiss the case under Federal Rule of Civil Procedure 12(b)(1) and Spokeo, Inc. v. Robins , --- U.S. ----, 136 S.Ct. 1540 , 194 L.Ed.2d 635 (2016) ( Spokeo I ) on the ground that plaintiffs have failed to allege a concrete injury in fact. Dkt. No. 227. The motion is denied.

BACKGROUND

This consolidated action originated as three separate cases originally filed in Illinois *951 courts. Two of the cases were filed in federal court, while a third was filed in Illinois state court and removed to federal court by Facebook under the Class Action Fairness Act. Notice of Removal, Licata v. Facebook, Inc., No. 1:15-cv-04022 (N.D. Ill. filed May 6, 2015) (No. 1). The parties stipulated to transfer the cases to this Court, where they were consolidated into a single action. In re Facebook Biometric Info. Privacy Litig. , 185 F.Supp.3d 1155 , 1159 (N.D.Cal. 2016). The consolidated…