Chicago Judge Agrees to Transfer BIPA Case to Northern District of Texas
U.S. District Judge Manish Shah for Northern Illinois in Chicago signed an order Wednesday (docket 1:22-cv-06924) granting defendant Match Group’s motion to transfer plaintiff Marcus Baker’s Illinois Biometric Information Privacy Act claims to the Northern District of Texas in Dallas.…
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Baker alleges Match Group and its affiliated dating websites collect, analyze and use unique biometric identifiers associated with people’s faces in photos uploaded to their apps and websites without disclosing or acknowledging the collection or requesting consent (see 2212120046). Match Group sought dismissal of the complaint so it could be heard in small claims court. But Baker is seeking at least $20,000 in damages and injunctive relief, and neither the small claims courts in Texas nor in Illinois can issue damages in that amount, or injunctive relief of the kind Baker seeks, said Shah’s order. Baker has shown small claims court “isn’t the right place for this case,” it said. But Baker and Match Group agreed to litigate claims outside of arbitration or small claims court in Texas, and Match Group is “entitled” to the Northern District of Texas as the “agreed-upon forum,” it said.