Verizon Gizmo Watch Biometric Privacy Violations? Legal Investigation
Last Updated on August 29, 2024
Investigation Complete
Attorneys working with ClassAction.org have finished their investigation into this matter.
Check back for any potential updates. The information on this page is for reference only.
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At A Glance
- This Alert Affects:
- Parents and guardians in Illinois who purchased a Gizmo watch from Verizon for their child in the past five years.
- What’s Going On?
- Attorneys working with ClassAction.org believe Verizon may be illegally collecting and storing the biometrics, such as voiceprints, of both children and adults in Illinois who use the watch to talk to each other. They’re now gathering parents and guardians who purchased the Gizmo watch to take action.
- 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.
- How Much Could I Get?
- While there are no guarantees, the Illinois Biometric Information Privacy Act states that consumers may be able to collect $1,000 per violation and as much as $5,000 in cases where the company intentionally or recklessly broke the law.
Attorneys working with ClassAction.org are gathering parents and guardians in Illinois who purchased the Gizmo watch from Verizon to take legal action over potential violations of a state-specific privacy law known as the Biometric Information Privacy Act.
Specifically, they believe the wireless carrier may be collecting and storing the voiceprints, a type of biometric information, of those who use the watch to communicate without providing required disclosures and obtaining proper consent. It’s also being investigated whether children’s facial geometries are being illegally scanned and stored via the photos that are uploaded as part of the setup process.
Under the privacy law, Illinois consumers may be entitled to as much as $5,000 per violation.
What Is the Biometric Information Privacy Act?
The Biometric Information Privacy Act (BIPA) is an Illinois state law that sets certain standards for how companies can handle consumers’ “biometrics” – that is, unique physical characteristics that can be used to identify an individual. Examples of biometrics include fingerprints, facial geometries, voice patterns, retina structure and even palm vein patterns.
Because biometrics are unique and cannot be changed (like compromised passwords can), the BIPA requires that companies take certain steps before obtaining these identifiers to ensure Illinois residents retain control of this data.
Under the BIPA, a private company cannot collect, capture, purchase or otherwise obtain a person’s biometric information unless it first:
- Informs the individual in writing that biometric information is being collected or stored
- Informs the individual in writing why the information is being collected, stored, and used and for how long
- Receives written consent from the individual
The company must also create a written policy that’s available to the public and outlines how long the data will be kept, as well as guidelines for its destruction.
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.”
Attorneys believe Verizon’s customer agreements require disputes to be resolved 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 companies may be responsible for paying consumers $1,000 for negligent violations of the law and as much as $5,000 for willful violations.
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