GradImages Stuck With Biometric Data Suit From Illinois Students

GradImages, a graduation photography company, failed to convince a federal court to dismiss a proposed Illinois Biometric Information Privacy Act class action brought by students who say it improperly obtained their “faceprints” to sell them graduation photos.

Whether GradImages and associated companies count as contractors of state or local government, which are exempt from BIPA, is an affirmative defense inappropriate to resolve at the motion to dismiss stage, the US District Court for the Southern District of Illinois ruled Thursday.

It was sufficient for the students to allege GradImages was a private entity, and they weren’t required to plead around ...