Vance

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 STEVEN VANCE, et al., Case No. 20-cv-04696-BLF

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND

GOOGLE LLC, [Re: ECF No. 92] Defendant.

12 In April 2019, International Business Machines Corporation (“IBM”) used publicly available photos, including those posted by Plaintiffs to the photo-sharing website Flickr, to create a massive collection of biometric information called the Diversity in Faces Dataset (“DiF Dataset”). ECF No. 1 (“Compl.”) ¶¶ 6–7, 29, 39–46. Plaintiffs allege that Defendant Google LLC (“Google”) acquired the DiF Dataset from IBM without Plaintiffs’ consent and profited from it in violation of the Illinois Biometric Information Privacy Act (“BIPA”). Id. ¶¶ 55, 92–105. Plaintiffs also allege claims for unjust enrichment and injunctive relief. Id. ¶¶ 106–121. Google moves to dismiss Plaintiffs’ complaint in its entirety. ECF No.…