A Blank Rome privacy litigation team achieved a dismissal with prejudice on behalf of a national mobile app and website provider, disposing of a three-year battle brought by mass and putative class claimants alleging violations of Illinois’ Biometric Information Privacy Act (“BIPA”). The dispute meandered through three different forums before eventually being transferred to federal court in a state that has a biometric statute, albeit without a private right of action. There, the federal court judge sided with Blank Rome, finding the choice of law provision in the website’s and app’s terms of use controlled all disputes with users, and prevented claimants from proceeding on any of their BIPA claims.
The Blank Rome team representing the mobile app and website provider included Daniel Saeedi, Rachel Schaller, Amanda Noonan, and Gabrielle Ganze.
