Zellmer

BACKGROUND

13 Plaintiff Clayton Zellmer sued defendant Facebook, Inc. (Facebook) on behalf of himself 14 and a putative class for violating the Illinois Biometric Information Privacy Act (BIPA). Dkt. No. 15 1. The complaint presented a single claim alleging that Facebook had violated Section 15(a) of 16 BIPA by not making available to the public a written policy for the retention and destruction of 17 biometric information, and Section 15(b) by collecting biometric information without prior written 18 and informed consent. See id. ¶¶ 47-56. The details of Zellmer’s claim and the case as a whole 19 are stated in the Court’s summary judgment order. See Zellmer v. Facebook, Inc., Case No. 3:18- cv-01880-JD, 2022 WL 976981 (N.D. Cal. Mar. 31, 2022). That discussion is incorporated here.1 21 Summary judgment was granted in favor of Facebook on the Section 15(b) portion of the 22 claim, which was the main thrust of the complaint. See id. Summary judgment was denied for the

24 1 The Court has written extensively on BIPA in other cases, and these decisions provide additional background. See In re Facebook Biometric Info. Privacy Litig., 185 F. Supp. 3d 1155 (N.D. Cal.…