Samsung Biometric Privacy Case
Earlier in 2022, electronics giant Samsung faced several accusations of having collected and stored facial scans of Galaxy phone and tablet users without their knowledge and consent. If these allegations are true, Samsung’s actions would amount to a clear violation of its users’ privacy. As a result, a growing number of people are signing up to join a Samsung biometric privacy class action.
Privacy violation allegations
Allegations first arose in Illinois, where Samsung was accused of having violated the state’s Biometric Information Privacy Act (BIPA). For reasons the company has not yet explained, it appears that it has been running a sophisticated facial recognition technology in the background of its Gallery app to create face templates, without the customer’s consent – not to mention any other people who may be in the photographs.
Facial features are unique to every individual, much like fingerprints, which means they fall under the banner of biometric data. Biometric data is protected by Illinois’s BIPA law. The law stipulates that companies may collect this data, but only after taking certain steps and with the user’s full knowledge and consent. Samsung appears to have flagrantly contravened this law. As other users across the country also start to make claims against the company, the electronics company’s actions clearly violate similar laws in other states as well.
Samsung biometric privacy lawsuit or arbitration?
Although at least one class-action lawsuit has now been filed against Samsung, the company has argued that customers cannot sue over this or any other matter. The reason for this is that customers agree to arbitrate any claims that might arise against the company when they purchase and set up their devices. As a result, attorneys are handling the matter on a mass arbitration basis.
Arbitration involves the settlement of a dispute without taking the matter to court. No judge or jury is involved. Instead, a third-party arbitrator is called upon to decide the case. Owners of Samsung Galaxy phones and tablets now have an opportunity to contact a class action lawyer and potentially join a mass arbitration against Samsung. At this stage, there are no guarantees, and the class action is still developing, but customers who sign up for the class action could potentially be entitled to as much as $5,000 in damages.
Samsung Biometric Privacy FAQ’s
Is Samsung facing a Class Action or Mass Arbitration lawsuit?
Samsung has argued in the case, however, that consumers cannot bring a class action lawsuit over the alleged biometric violations because they agreed to arbitrate any claims against the company when they purchased and set up their devices. This is why Shamis & Gentile, P.A. have decided to handle the matter on a “mass arbitration” basis.
What is Mass Arbitration?
Mass arbitration involves groups of workers or consumers initiating arbitration claims against the same company simultaneously. This can trigger the defendants’ obligation to pay fees and costs for each individual claim.
Why file a Mass Arbitration lawsuit vs. class action lawsuit?
Big corporations and companies may have arbitration clauses. While arbitration clauses bar you from joining together with other employees or consumers to mount class-action lawsuits, mass arbitration can be a way to still gain an advantage on a large group scale and give you negotiating power.
About Shamis & Gentile
Shamis & Gentile, P.A. has and continues to provide outstanding legal services in the Florida, Georgia, Ohio, Arizona, Illinois, New York and Texas communities. Our seasoned attorneys are some of the most innovative and progressive attorneys in the profession. Shamis & Gentile, P.A. has the resources, infrastructure and staff to successfully represent large putative classes. The attorneys and staff are not simply litigators, but directors of creating successful results with the ultimate level of satisfaction by the clients.