Tech companies and plaintiffs attorneys both see biometrics as a huge business opportunity—with the former eager to use facial recognition, voiceprints and other biological indicators to authenticate users in ever-more-sophisticated products, and the latter eager to sue alleging privacy violations. Legal observers say those attorneys are becoming even more aggressive in 2023, charting new tributaries under Illinois’ landmark biometrics law and dusting off old statutes around the country to establish new claims.
It’s a precarious time to roll out biometric technologies, legal observers say, in part because past legal assaults have been wildly successful, emboldening attorneys to bring more cases. Judges in 2022 approved nearly $1 billion in class action biometric settlements against a range of defendants, including Meta, TikTok and Zoom, according to a tally by the law firm Cooley.
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