Chicago Partner Brian Hays Quoted in Law360 on Ninth Circuit Ruling in Facebook Biometric Privacy Case

August 13, 2019

Chicago Partner Brian Hays, Chair of Locke Lord’s TCPA Litigation and Compliance Section, was quoted by Law360 on the likelihood that a Ninth Circuit decision to allow a biometric privacy case against Facebook to go to trial will create an easier path in Illinois for similar class actions in the future.

"This ruling has heightened the standard that defendants are going to have to meet to defeat class certification, and will definitely require a lot more rolling up the sleeves and delving into the weeds to find individual issues to present to the court," said Brian Hays.

He added the decision “seems to be the next logical step after Rosenbach,” an Illinois Supreme Court decision that held plaintiffs could bring claims for violations of the statute's notice and consent requirements without alleging a separate, real-world harm.

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