Apple Could Owe Some Users up to $5,000 Each in This Class Action Lawsuit
Apple is facing an Illinois class action lawsuit covering 6.5 million citizens over Photos app facial recognition features, potentially totaling up to $32.5 billion in damages.
Stock photo for illustration only, not from the actual event
- An Illinois class action lawsuit is seeking up to $5,000 in damages per person from Apple.
- The suit impacts approximately 6.5 million citizens in Illinois, totaling up to $32.5 billion.
- Apple is accused of using facial recognition in the Photos app and storing biometric data without written consent.
- Apple has sought to dismiss the case, arguing its privacy safeguards comply with the law.
Apple is currently facing a massive class action lawsuit in Illinois that could potentially cost the tech giant up to $32.5 billion. The legal battle centers around allegations that Apple's Photos app collects biometric data through facial recognition features without obtaining proper written consent from users. According to reports from The Times, this potential payout stands out as one of the largest the author has ever encountered in covering Apple lawsuits.
The foundation of the lawsuit relies on the Illinois Biometric Information Privacy Act, enacted by the state in 2008 to protect citizens from unauthorized collection of sensitive data such as retina scans, fingerprints, and faceprints. The statute permits companies to gather such information strictly after securing written consent from each individual user. Plaintiffs claim that Apple's Photos app automatically scans faces to generate faceprints and stores this biometric data, including syncing it across devices onto Apple's servers.
The lawsuit is officially divided into three distinct classes: the Local Device Class affecting users whose devices created a People album between September 13, 2016, and the present; the iCloud Subclass for iCloud users with tagged People albums during that same timeframe; and the iCloud Faceprint Subclass targeting users running iOS 17.6, iPadOS 17.6, or macOS Sonoma 14.6 or later with 5,000 or more photos in their iCloud library since March 25, 2025.
Stock photo for illustration only, not from the actual event
On the opposing side, Apple has actively sought to dismiss the case. The company contends that its privacy safeguards fully comply with Illinois law, pointing out that raw biometric data cannot reconstruct a face or link directly to an individual's identity, and that Apple itself cannot access user photo data. Crucially, Apple maintains that all facial recognition processing occurs locally on each individual device, and that syncing across devices only transfers labels rather than underlying biometric data.
This legal challenge echoes past privacy litigation against big tech companies under the same 2008 Illinois statute. Back in 2021, Meta settled a similar multi-year lawsuit for $650 million over unconsented facial tagging features. However, Apple faces a significantly steeper financial exposure per user in this case compared to Meta's settlement, highlighting the escalating stakes and financial liabilities associated with biometric privacy compliance.
Originally filed back in March 2020, the case recently reached a major milestone when an Illinois judge ruled that the plaintiffs met the necessary requirements to proceed as a class action. While it remains uncertain whether Apple will succeed in having the case dismissed or whether users will ultimately receive payouts, the developments mark a remarkable chapter in accountability for major technology corporations.
Source: Lifehacker
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