Marschke

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 NATHAN COLOMBO, individually and on Case No. 3:22-cv-06987-JD behalf of all others similarly situated, 7 Plaintiff, ORDER RE MOTION TO DISMISS 8 v. 9 YOUTUBE, LLC, et al., 10 Defendants.

11 Plaintiff Nathan Colombo sued defendants YouTube, LLC and Google LLC (collectively, YouTube) on behalf of himself and a putative class of Illinois residents for violating the Illinois Biometric Information Privacy Act (BIPA), 740 Ill. Comp. Stat. 14/1 et seq. The operative second amended complaint (SAC) presents two claims alleging that YouTube violated Sections 15(a) and (b) of BIPA by collecting sensitive biometric identifiers and biometric information through its “Face Blur” and “Thumbnail Generator” video editing tools without first obtaining the necessary informed written consent or providing data retention and destruction policies to consumers. See Dkt. No. 84 ¶¶ 99-110. YouTube has asked to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Dkt.…