Getaround Captures Illinois Users’ Facial Scans Without Consent, Class Action Lawsuit Alleges

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A proposed class action lawsuit against Getaround, Inc. alleges the app-based car-sharing platform illegally collects, stores and shares Illinois users’ facial geometry scans.

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The 13-page privacy lawsuit accuses Getaround of violating the Illinois Biometric Information Privacy Act (BIPA), a state law that regulates how private entities can handle residents’ biometric data, such as fingerprints, voiceprints, retina scans or facial geometries.

The complaint says Getaround captures facial geometry scans during the account sign-up process, after users are asked to upload pictures of their driver’s license and a video selfie for identity verification purposes.

According to the filing, the BIPA prohibits a company from acquiring or possessing an individual’s biometrics without first obtaining their written permission; informing them in writing of the specific purpose and length of time for which their biometric data would be collected, stored and used; and publishing a publicly available retention schedule and guidelines for the permanent destruction of the data.

Getaround did not meet any of these BIPA requirements, the complaint alleges.

The plaintiff, an Illinois resident and Getaround accountholder, claims the company never informed him that it was collecting or storing his facial scans, nor did it seek his written consent before doing so. The class action lawsuit also contends that Getaround had no public, written policy establishing a retention schedule and guidelines for permanently destroying consumers’ biometric data.

Per the case, the BIPA requires companies to permanently delete biometric information when the initial purpose for collecting such data is satisfied or within three years of an individual’s last interaction with the entity, whichever comes first. However, the suit charges that Getaround stores users’ face scans long after completing its identity verification process.

The car-sharing service also illegally shares Illinois users’ biometrics with its service providers, contractors, business partners and collection agencies without consumer consent, the case alleges.

“Getaround’s unlawful collection, obtainment, storage, and use of its user’s [sic] biometric data exposes them to serious and irreversible privacy risks,” the filing says. “For example, if Getaround’s database containing facial geometry scans or other sensitive, proprietary biometric data is hacked, breached, or otherwise exposed, Getaround users have no means by which to prevent identity theft, unauthorized tracking or other unlawful or improper use of this highly personal and private information.”

The Getaround lawsuit looks to represent any Illinois residents who had their biometric information collected by the defendant within the past five years.

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