Shutterfly settles Illinois biometric privacy suit

GaryPageau

Law360 reports Shutterfly has reached a preliminary agreement to settle a biometric privacy lawsuit filed against it under Illinois’ Biometric Information Privacy Act (BIPA). The parties reached the agreement over damages for alleged biometric data collection, storage, and processing without the required consent of the data subjects after private mediation; settlement terms were not disclosed.

One of two named plaintiffs was ordered to address the complaint in arbitration in a ruling last May, as her continued use of the service constituted consent to revised terms of service. The other named plaintiff did not have a Shutterfly account, and therefore never consented to the terms. The settlement agreement applies to both plaintiffs.

 

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Gary Pageau is principal of InfoCircle LLC, continuing his marketing communications career. InfoCircle LLC is a marketing and communications consulting firm, specializing in business-to-business markets. For nearly 25 years, he was with PMA International, serving most recently as Publisher, Content Development and Strategic Initiatives. His primary responsibilities included overseeing the Association’s editorial department, marketing research unit, education and corporate relations department.