Clayton Zellmer v. Meta Platforms, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLAYTON P. ZELLMER, on behalf No. 22-16925 of himself and all others similarly situated, D.C. No. 3:18-cv-01880-JD Plaintiff-Appellant,

v. OPINION

META PLATFORMS, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Submitted February 7, 2024 San Francisco, California

Filed June 17, 2024

Before: Ryan D. Nelson, Danielle J. Forrest, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge R. Nelson ZELLMER V. META PLATFORMS, INC.

SUMMARY*

Privacy / Standing

The panel affirmed the district court’s summary judgment in favor of Facebook—now Meta Platforms, Inc.—on Clayton Zellmer’s claim alleging a violation of the Illinois Biometric Information Privacy Act (BIPA) when Facebook collected or captured his biometric identifiers when it created what Facebook called a “face signature” from uploaded photos; and affirmed the district court’s dismissal for lack of standing of Zellmer’s claim that Facebook violated…