Grad Photo Company Can’t Arbitrate Student’s Illinois BIPA Suit

A commencement photography company didn’t have a valid arbitration agreement to enforce against an Illinois university graduate alleging violations of the state’s biometric info law, a federal judge ruled.

Joshua Gaertner brought a proposed class action under Illinois’ Biometric Information Privacy Act alleging that he was never informed that Balfour & Co., through GradImages, would collect or use his biometrics to sell him photos from his Southern Illinois University Edwardsville graduation. Balfour sought arbitration in the US District Court for the Southern District of Illinois based on a browsewrap agreement that Gaertner argued wasn’t conspicuous.

Gaertner’s allegations were independent ...