Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

Northern District of Illinois Dismisses BIPA Suit Against Canadian App Maker For Lack Of Personal Jurisdiction

By Jesse Taylor & Kristin Bryan on February 11, 2022
Email this postTweet this postLike this postShare this post on LinkedIn
pexels-photo-2558460

The Illinois Biometric Information Privacy Act (“BIPA”) provides a cause of action to a person who believes their biometric information is obtained or disclosed without an individual’s consent.  In Gutierrez v. Wemagine.ai LLP, 2022 U.S. Dist. LEXIS 14831, the plaintiff brought a putative class action on the part of users of an app created by the defendant, Wemagine.ai LLP in the Northern District of Illinois, claiming that the app obtained and disseminated the biometric information of its users without their written consent.

The hitch, however: the defendant was a Canadian company, and the only contacts it had with the state of Illinois were downloads of its app by users in the state.  The defendant moved to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2), and the court granted the motion.

To obtain personal jurisdiction over an out-of-state defendant, the defendant must have sufficient minimum contacts with the state, and through those contacts, direct its effort towards and purposely avail itself of the benefits and protections of the state.  A growing body of case law, which the court here followed, holds that simply operating an interactive website, without more, does not confer personal jurisdiction over the operator.  The court found, in line with numerous other cases, that personal jurisdiction requires something along the lines of directed marketing, targeted sales and shipping, or business contracts that are related to the subject of the suit.

Here, the defendant operated a website from which users could download their app, regardless of location.  No marketing or sales were directed toward Illinois, and no other activity created a specific connection that could hale the defendant into the state.  Because the plaintiff and the putative class members were the sole connection between the defendant and the state, there could be no personal jurisdiction, and the suit could not proceed in Illinois.

The particular lesson here for companies operating websites and/or offering apps: the more locations you specifically and overtly target with your advertising or sales, the more locations you could be brought into court.  And if you haven’t targeted any locations, raise that issue early and emphatically to avoid litigating in an improper forum.

For more on this, stay tuned.  CPW will be there to keep you in the loop.

Photo of Jesse Taylor Jesse Taylor

Jesse Taylor practices in state and federal court, with experience in complex contract, real estate, mass tort, and qui tam litigation. Jesse also represented a major credit reporting agency in numerous consumer FCRA disputes. Prior to joining Squire Patton Boggs, he worked as…

Jesse Taylor practices in state and federal court, with experience in complex contract, real estate, mass tort, and qui tam litigation. Jesse also represented a major credit reporting agency in numerous consumer FCRA disputes. Prior to joining Squire Patton Boggs, he worked as a litigation associate in another top 20 international law firm. Previously, Jesse served as a law clerk to the Honorable Judith E. Levy, US District Court, Eastern District of Michigan, and to the Honorable James G. Carr, US District Court, Northern District of Ohio. In addition to his law firm experience and clerkships, Jesse worked as the online communications director for the Office of the Governor of Ohio.

View full website bio.

Read more about Jesse TaylorEmail
Show more Show less
Photo of Kristin Bryan Kristin Bryan

Kristin Bryan is a data privacy and cybersecurity litigator experienced in the resolution of complex disputes.

Kristin has deep expertise defending clients in federal class action and multidistrict litigations concerning allegations that their practices violated federal and state privacy laws. This includes in…

Kristin Bryan is a data privacy and cybersecurity litigator experienced in the resolution of complex disputes.

Kristin has deep expertise defending clients in federal class action and multidistrict litigations concerning allegations that their practices violated federal and state privacy laws. This includes in the context of data breach and incident response litigation. As a natural extension of her experience litigating data privacy disputes, Kristin also provides practical, business-oriented privacy advice to a wide range of clients and has represented them in government investigations regarding their privacy practices.

Kristin is CIPP/US certified and routinely publishes and speaks on cutting-edge developments in data privacy and cybersecurity litigation. Kristin is currently the co-chair of the International Association of Privacy Professional (IAPP)’s KnowledgeNet Chapter for Cleveland and on the IAPP’s Privacy Bar Advisory Board. She is a 2020-21 Vice Chair of the ABA TIPS Cybersecurity and Data Privacy Committee and managing editor of Squire Patton Boggs’ data privacy blog Consumer Privacy World.

Prior to joining the firm, Kristin worked at an international law firm in New York, specializing in Data Strategy & Security.

View full website bio.

Read more about Kristin BryanEmail
Show more Show less
  • Posted in:
    Privacy & Data Security
  • Blog:
    Privacy World
  • Organization:
    Squire Patton Boggs
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • Stoel Rives Environmental Law
  • Troutman Pepper Financial Services
  • The EX-Files
  • Construction & Infrastructure Law Blog
  • Venture Law Blog
Copyright © 2023, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo