Shutterfly Gets Illinois BIPA Privacy Claims Sent to Arbitration

Shutterfly Inc. succeeded in its argument that a “clickwrap” agreement meant that claims that its use of facial-recognition software and related user data violates Illinois law must be arbitrated.

By clicking “accept” on initial sign-up, the original named plaintiff in the would-be class suit under the Illinois Biometric Information Privacy Act agreed to be bound by Shutterfly’s terms and conditions, including a subsequently added mandatory arbitration clause, Judge Mary M. Roland said for the U.S. District Court for the Northern District of Illinois.

The terms and conditions constituted a “clickwrap” agreement, which is an online contract requiring users to ...