Veriff, a software company specializing in identity verification through facial recognition, has agreed to pay a $4 million settlement to resolve a class action lawsuit alleging that it violated Illinois’ Biometric Information Privacy Law (BIPA) by collecting facial geometry scans without obtaining consent. The settlement will benefit individuals whose biometric data was collected, captured, purchased, or otherwise obtained by Veriff for identity verification in Illinois between November 12, 2016, and December 5, 2022.

According to the plaintiffs in the lawsuit, Veriff collected facial geometry scans for identity verification without obtaining consent, in violation of BIPA. As part of the settlement, Veriff has not admitted any wrongdoing but has agreed to comply with BIPA regulations going forward by obtaining consent for biometric data collection and developing a public retention schedule.

Under the settlement terms, class members can receive an equal share of the net settlement fund, with estimated payments of between $300 and $600 per individual. However, these are only estimates, and actual payments may vary.

To be eligible for settlement benefits, individuals must have had their biometric data collected, captured, purchased, or otherwise obtained by Veriff for identity verification in Illinois between the specified dates. The deadline for exclusion and objection is March 31, 2023, and the final approval hearing for the settlement is scheduled for May 4, 2023. Individuals must submit a valid claim form by April 21, 2023, to receive settlement benefits.

The case name is McGowan, et al. v. Veriff Inc., et al., Case No. 2021-cv-06706, in the U.S. District Court for the Northern District of Illinois. The class counsel is McGuire Law PC, and the defense counsel is Perkins Coie LLP.

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