Yes, you can sue a company for scanning your face without consent when Illinois law covers the scan. In most other situations, especially in Texas, only government officials can bring the biometric case. Face geometry means measurements of your face that identify you. Illinois treats that information as sensitive and requires written notice and written consent before collection.
Table of Contents
- What must a company do first in Illinois?
- How much can an Illinois claim be worth?
- Why can Texas residents not sue alone?
- What should you do after a face scan?
What must a company do first in Illinois?
A private company must give written notice before it collects face geometry. The notice must state why it collects the data and how long it will keep the data. The company must then obtain your written release, as explained by the Harvard Journal of Law and Technology in its biometric privacy analysis. The Illinois Supreme Court decided Rosenbach v.
Six Flags on Jan. 25, 2019. It held unanimously that a person is aggrieved and may sue from the violation alone. You do not need to claim identity theft, data breach, or other injury to file.
How much can an Illinois claim be worth?
Illinois law allows $1,000 per negligent violation and $5,000 per intentional violation, plus fees. Robbins Geller Rudman and Dowd reports a $650 million settlement for Illinois Facebook users over Tag Suggestions claims in its Facebook biometric case summary. A federal court approved that deal on Feb. 26, 2021, and it also required opt-in face recognition.
An Aug. 2, 2024 Illinois amendment, Public Act 103-769, limits repeat collections to one violation. Repeated scans of the same person by the same method bring one recovery, according to the Recording Law guide in its Illinois privacy guide. That change cuts payouts for daily check-ins or repeated entries.
Why can Texas residents not sue alone?
Texas bars commercial capture of face geometry without informed consent. Enforcement belongs only to the state attorney general, as summarized in Texas Lawbook reporting. That means Texas residents cannot file their own biometric lawsuit.
The attorney general announced a $1.4 billion settlement with Meta on July 30, 2024 in its settlement announcement. The case involved unauthorized capture of millions of Texans biometric data and was called the largest single-state settlement. Money went through state enforcement, not private claims.
What should you do after a face scan?
Save proof while details are fresh. Keep screenshots, emails, signs, receipts, and dates showing where scanning happened. Note whether anyone gave you written notice or asked you to sign consent.
Ask these questions before you call a lawyer. Your answers decide whether an Illinois claim fits: Illinois claims hinge on written consent and location, not on harm. Texas residents should watch for attorney general actions rather than filing alone.
- Were you in Illinois when the scan happened?
- Did the company give written notice and get written consent?
- Was the scan by a private company, not government?