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The centerpiece of this multi-district litigation and plaintiffs’ class action lawsuit is BIPA.

Plaintiffs specifically allege that the Clearview defendants covertly scraped over three billion photographs of facial images from the internet and then used artificial intelligence algorithms to scan the face geometry of each individual depicted to harvest the individuals’ unique biometric identifiers and corresponding biometric information. In their first amended consolidated class action complaint, plaintiffs allege that the Clearview defendants’ conduct violated their privacy rights and that defendants’ use of their biometric information was without their knowledge and consent.

Background The Court presumes familiarity with its prior rulings in this multi-district litigation. For the following reasons, the Court grants in part and denies in part the Clearview defendants’ motion. Before the Court is the Clearview defendants’ motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (“BIPA”), as well as statutory and common law claims under Virginia, California, and New York law. Plaintiffs bring claims under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. 21-cv-0135 Judge Sharon Johnson Coleman MEMORANDUM OPINION AND ORDER Plaintiffs brought a first amended consolidated class action complaint in this multi-district litigation against the “Clearview defendants,” which include Clearview AI, Inc., Hoan Ton-That, Richard Schwartz, Thomas Mulcaire, and Rocky Mountain Data Analytics LLC. 279 Case: 1:21-cv-00135 Document #: 279 Filed: 02/14/22 of 23 PageID #:5805 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re Clearview AI, Inc., Consumer Privacy Litigation, ) ) ) ) ) Case No. In Re: Clearview AI, Inc., Consumer Privacy Litigation Doc.

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