Apple Says Biometric Claim Should Be Dismissed, Not Remanded

Nov. 17, 2020, 5:29 PM

A biometric privacy claim against Apple Inc. should be dismissed by an Illinois federal court instead of remanded to state court, the company argued.

The plaintiffs failed to plead facts that Apple “sold, leased, traded or otherwise profited” from their biometric information, lawyers for the company said in a motion to reconsider Monday in U.S. District Court for the Southern District of Illinois.

The failure to state a claim that Apple violated the Illinois Biometric Information Privacy Act by profiting from the collection of facial print information means the allegation should have been dismissed with prejudice instead of remanded, Apple...

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