A recent court filing has put a spotlight on privacy concerns in the digital age, with a class action lawsuit alleging serious violations of biometric data protection laws. Moneek Turner filed the complaint against WinWinX, Inc. in the United States District Court for the Northern District of Illinois on August 14, 2024.
The case revolves around WinWinX's alleged unlawful collection, use, and storage of biometric data from its users without proper consent or disclosure. WinWinX is a "person-to-person buy now pay later platform" that facilitates transactions between buyers and sellers through its app. As part of its identity verification process, WinWinX requires users to upload government identification and record a facial video, which is then used to create facial geometry scans. Turner claims that this practice exposes users to significant privacy risks if their biometric data is compromised.
Turner opened an account with WinWinX within five years preceding the filing and had her biometric information collected during the sign-up process. She argues that WinWinX did not inform her in writing about the collection or storage of her biometric data, nor did it provide details about the purpose and duration of such data retention. Furthermore, Turner alleges that WinWinX failed to obtain written consent from users before collecting their biometric information, as required by Illinois' Biometric Information Privacy Act (BIPA).
According to BIPA, companies must develop a publicly available policy outlining how long they will retain biometric data and when it will be destroyed. Turner asserts that WinWinX did not have such a policy and unlawfully retained her facial geometry even after she no longer needed access to her account. Additionally, she claims that WinWinX disclosed her biometric information to third parties without her consent.
Turner seeks class certification for all Illinois residents who had their biometric information collected by WinWinX in the past five years. She requests statutory damages of $5,000 for each intentional or reckless violation of BIPA or $1,000 for each negligent violation. The lawsuit also seeks actual damages, reasonable attorneys' fees and costs, and any other relief deemed appropriate by the court.
Representing Turner are attorneys Michael L. Fradin from Skokie, Illinois, and James L. Simon from Chagrin Falls, Ohio. The case has been assigned Case ID 1:24-cv-07263.