CASES

Amazon Photos Facial Recognition Litigation

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Hogan v. Amazon.com, Inc.United States District Court for the Northern District of Illinois
Case No. 1:21-cv-03169

Case Status

Keller Rohrback and its co-counsel filed a class action complaint against Amazon.com, Inc. in federal court in Illinois in July 2021, seeking to certify a class of Illinois residents whose biometric data was obtained by Amazon from photographs uploaded to their Amazon Photos accounts.

On March 30, 2022, the Court issued an Order denying in part and granting in part Amazon’s Motion to Dismiss. The Court remanded some of the claims back to Illinois state court and kept one claim in federal court. You can access the Order in the Case Documents section below.

On April 19, 2022, the court appointed leadership counsel for this litigation. We are pleased to announce that Keller Rohrback partners Dean Kawamoto, Derek Loeser, and Gretchen Freeman Cappio were appointed as Co-Lead Interim Class Counsel.

On March 22, 2024, the Plaintiffs moved for class certification pursuant to Federal Rule of Civil Procedure 23.

We urge you to visit this website periodically, as it will be updated as the litigation progresses.

Case Overview

Plaintiffs allege that Amazon obtained, used, and profited from the biometric data of Amazon Photos account holders and non-account holders in violation of the Illinois Biometric Information Privacy Act (“BIPA”). Plaintiffs allege that Amazon did so by using facial recognition technology to scan the facial geometry of persons whose images were uploaded to Amazon Photos and then using the biometric data obtained through such scans to train and improve its Rekognition facial recognition software. Plaintiffs allege that Amazon’s conduct violated BIPA by failing to obtain the informed written consent from Plaintiffs that is required by § 15(b) of BIPA and by failing to securely store, transmit, and protect biometric identifiers and biometric information as required by § 15(e) of BIPA .

To learn more about the Plaintiffs’ allegations against the Defendant, please review the Class Action Complaint in the Case Documents section below.

07/21/2021

First Amended Class Action Complaint

03/30/2022

Memorandum Opinion and Order on Motion to Dismiss

04/19/2022

Case Management Order - Leadership Appointment