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Macy’s Appeal in Clearview Biometric Facial Scan Case Denied (1)

March 21, 2022, 4:13 PMUpdated: March 21, 2022, 6:08 PM

Macy’s Retail Holdings LLC lost its bid to certify an appeal challenging a ruling that upheld the bulk of a proposed biometric privacy class action accusing the company of using a facial scan database without permission.

The New York-based retail giant sought an interlocutory appeal, which are requested for court orders that aren’t final judgments, over three questions related to standing under the Illinois Biometric Information Privacy Act, the statutory meaning of “profit,” and the effect of other state laws on the case.

Those questions aren’t appropriate for interlocutory appeal, Judge Sharon Johnson Coleman of the U.S. District Court for ...