Yesterday, Judge Koeltl dismissed a putative class action complaint against video game company Take-Two claiming that the company had improperly used facial recognition software.  The complaint alleged that the MyPlayer feature in Take-Two’s “NBA 2K15” and “NBA 2K16” games, which created an image of the game player’s face for a custom character in the game, violated Illinois’ Biometric Information Privacy Act (BIPA).

Applying the U.S. Supreme Court’s recent holding in Spokeo, Inc. v. Robins, Judge Koetl found that that the plaintiffs – players whose facial scans were stored by Take-Two – could not show a sufficiently individualized and concrete injury required for Article III standing, in part because the feature worked exactly as advertised:…
Continue Reading Judge Koeltl Holds That Video Game Players Lack Standing to Challenge Use of Their Facial Images