Arlo Technologies Privacy Arbitration: Cameras Scanning Your Face?

Last Updated on October 9, 2024

At A Glance

This Alert Affects:: Illinois residents who have an Arlo security camera and used the “person detection” feature within the past five years.
What’s Going On?: Attorneys working with ClassAction.org believe Arlo Technologies may have violated an Illinois privacy law by scanning the faces of people who appear on its cameras’ feeds. They’re now gathering users to sign up for legal action.
What You Can Do: If you live in Illinois, had an Arlo security camera, and purchased a subscription from the company that includes the person detection feature within the past five years, join others taking action by filling out the form linked below.
What Am I Signing Up For, Exactly?: You’re signing up for what’s known as “mass arbitration,” which involves hundreds or thousands of consumers bringing individual arbitration claims against the same company at the same time and over the same issue. This is different from class action litigation and takes place outside of court.
Does This Cost Anything?: It costs nothing to sign up, and the attorneys will only get paid if they win your claim.
How Much Could I Get?: While there are no guarantees, the Illinois Biometric Information Privacy Act (BIPA) states that consumers who had their rights violated under the law could be owed $1,000s.

Attorneys working with ClassAction.org are gathering Arlo security camera users in Illinois to take legal action over potential violations of a state biometric privacy law.

Specifically, the attorneys believe Arlo Technologies may have violated the Illinois Biometric Information Privacy Act (BIPA) through a feature of its home security cameras that uses identity verification technology to detect whether a person is present in a camera’s feed. The BIPA prohibits companies from collecting, storing and using Illinois residents’ biometric information—such as scans of their faces—without first obtaining their written consent and providing certain information about the collection and retention of their sensitive biometric data.

Are you an Illinois resident who owned an Arlo security camera within the past five years? Did you purchase a subscription to Arlo Secure, Arlo Secure Plus, Arlo Safe & Secure Pro or Arlo Advanced with Video during the same timeframe?

If you used the “person detection” feature on your Arlo security camera, join others taking action by filling out this quick, secure form.

You could have a claim worth up to $5,000 under the Illinois BIPA.

What’s the Illinois Biometric Information Privacy Act?

The Illinois Biometric Information Privacy Act (BIPA) was enacted in 2008 to regulate the use of consumers’ sensitive biometric data, including fingerprints, voiceprints, iris and retina scans, and hand and face geometry.

Illinois legislators recognized that biometric information, which is unique to each person, cannot be changed if compromised (unlike Social Security numbers and other types of sensitive identifiers) and requires special protection to help consumers feel more comfortable enrolling in biometric-facilitated transactions.

Under the BIPA, companies are prohibited from collecting consumers’ biometric data unless they first:

Inform consumers in writing that their biometric data will be collected or stored;
Inform consumers in writing of the purpose and length of time for which the data will be collected, stored or used; and
Obtain written consent from consumers to collect and use their biometric data.

Lawsuits Claim Facial Recognition Tech May Violate Privacy Law

A slew of lawsuits has been filed over alleged BIPA violations, with many claiming that the use of certain types of facial recognition technology may be illegal without consumers’ informed consent.

For example, a lawsuit filed against Home Depot in September 2019 claimed security cameras installed at the retailer’s stores used facial recognition software to scan and identify customers’ faces, purportedly as a way to track “suspicious” shoppers. The case argued that Home Depot’s use of facial recognition technology was unlawful given shoppers had not provided consent or received required written information regarding the collection of their biometric data.

Similarly, a lawsuit against Shutterfly accused the online photography company of illegally using facial recognition technology to collect biometric information from Illinois residents who appeared in photographs uploaded to the company’s website. Per the case, these individuals, many of whom were not Shutterfly customers, had never provided consent or received the required BIPA disclosures regarding the collection of their sensitive data. The Shutterfly case resulted in a $6.75 million settlement in 2021.

Is This a Lawsuit? What Am I Signing Up For, Exactly?

You are not signing up for a lawsuit, but rather a process known as mass arbitration. This is a relatively new legal technique that, like a class action lawsuit, allows a large group of people to take action and seek compensation from a company over an alleged wrongdoing. Here is a quick explanation of mass arbitration from our blog:

“[M]ass arbitration occurs when hundreds or thousands of consumers file individual arbitration claims against the same company over the same issue at the same time. The aim of a mass arbitration proceeding is to grant relief on a large scale (similar to a class action lawsuit) for those who sign up.”

Arlo Technologies’ terms of service contain both a class action waiver and an arbitration clause requiring consumers to resolve certain disputes via arbitration, a form of alternative dispute resolution that takes place outside of court before a neutral arbitrator, as opposed to a judge or jury. It’s for this reason that attorneys working with ClassAction.org have decided to handle this matter as a mass arbitration rather than a class action lawsuit.

How Much Does This Cost?

It costs nothing to sign up, and you’ll only need to pay if the attorneys win money on your behalf. Their payment will come as a percentage of your award.

If they don’t win your claim, you don’t pay.

How Much Money Could I Get?

There are no guarantees as to how much money you could get or whether your claim will be successful. The BIPA, however, provides that consumers could be owed between $1,000 and $5,000 for violations.

Sign Up and Take Action

Are you an Illinois resident who owned an Arlo security camera and purchased a subscription to Arlo Secure, Arlo Secure Plus, Arlo Safe & Secure Pro or Arlo Advanced with Video within the past five years?

If you used your camera’s “person detection” feature, join others taking action by filling out this quick, secure form.

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