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The
judge presiding over the case in a California federal court on
Thursday turned down Facebook's motion seeking dismissal of the
suit.
Facebook filed the motion arguing that the users could not file
a complaint under Illinois Biometric Information Privacy Act (BIPA)
as they had agreed in their user agreement that California law
would govern their disputes with the company, and that BIPA does
not apply to "tag suggestions."
The court found that Illinois law applies and that the
plaintiffs have stated a claim under BIPA.
The complainants had alleged that Facebook's face recognition
feature that suggests "tags" on photos unlawfully collected and
stored biometric data, in violation of the Illinois BIPA.
The case was filed by some Illinois residents under Illinois
law, but the parties agreed to transfer the case to the
California court, the court order showed.
Facebook was also hit with a lawsuit over its plan to issue new
stock last month.
The company said in April it will create a new class of
non-voting shares in a move aimed at letting Chief Executive
Mark Zuckerberg give away his wealth without relinquishing
control of the social media juggernaut he founded.
Facebook was not immediately available for comment.
(Reporting by Sruthi Shankar and Parikshit Mishra in Bengaluru;
Editing by Gopakumar Warrier)
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