Incode Technologies Settlement: BIPA Class Action Lawsuit Resolved for $4 Million

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Incode Technologies, Inc. has agreed to pay $4 million to settle a proposed class action lawsuit that alleged its software, which is used on third-party websites or apps to verify a consumer’s identity during sign-up, illegally collected Illinois residents’ facial geometry scans without their knowledge or written consent.

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The deal covers anyone who, while in Illinois, uploaded for identity verification a selfie and a photo ID to any app, software or website operated by one of Incode’s customers between November 11, 2018 and August 5, 2024.

The official website for the Incode class action settlement can be found at IncodeBIPASettlement.com.

Class members who submit a valid claim form online or by mail before November 25, 2024 are eligible to receive a pro-rated share of the $4 million settlement fund.

Incode settlement payouts are estimated to be between $65 and $240 per eligible class member, the site says. Payments could be more or less than those amounts depending on how many valid claim forms are filed.

Class members can file a claim form online by heading to this page. To start, you’ll need to provide the claim ID and PIN located in the settlement notice you received.

The deal received preliminary approval from the court on August 5, 2024. A final approval hearing is scheduled for November 27, 2024. According to the settlement site, class members will receive their payments within 60 days after the deal is granted final approval, unless there is an appeal.

The initial lawsuit accused Incode of violating the Illinois Biometric Information Privacy Act, a state law designed to regulate companies’ handling of residents’ biometric data. The case claimed that Incode failed to satisfy the strict consent and disclosure requirements of the BIPA before using its facial recognition software to collect, store and use facial geometry scans.

Per the complaint, this data was collected to provide identity verification services for clients such as Chime.

Head to ClassAction.org's settlements page for a complete list of data breach settlements.