SPRINGFIELD (LN) — U.S. District Judge Nancy J. Rosenstengel of the Southern District of Illinois granted class certification in Hazlitt v. Apple Inc., ruling that common questions regarding Apple’s data collection practices predominate over individualized inquiries.

The order certifies three groups: a Local Device Class of about 6.5 million members whose devices placed photos into a People album; an iCloud Subclass of roughly 1 million members who enabled photo storage; and an iCloud Faceprint Subclass of up to 2.6 million members who synced faceprints to Apple’s servers following a July 2024 software update.

Plaintiffs allege that Apple’s Photos app automatically scans facial geometry to create unique faceprints — a biometric identifier under Illinois law — and stores that data on devices and, in some cases, on Apple’s servers. The suit claims Apple failed to provide required disclosures or obtain informed, written consent as mandated by the Biometric Information Privacy Act.

Apple opposed certification, arguing that individualized inquiries into whether users labeled their People albums with personal identifying information would defeat commonality and predominance. The company also contended that determining where users were located when they took photos required mini-trials for each class member.

The court rejected those arguments, holding that whether Apple collected biometric data capable of identifying users is a question resolvable on a classwide basis. The court noted that Apple possesses user location data and could use common proof to determine where relevant activities occurred.

The court also dismissed Apple’s concerns about manageability, stating that a combination of customer lists and user declarations could identify class members. The court found that the risk of fraudulent claims could be mitigated through standard auditing processes and that individual lawsuits were impractical given the small statutory damages available per violation.

Under BIPA, plaintiffs can recover $1,000 for each negligent violation and $5,000 for each intentional or reckless violation. A 2024 amendment to the statute limits liability to a single violation per person for the same method of collection, but the size of the certified class keeps total exposure in the billions.

Schlichter Bogard LLP and Montroy Law Offices, LLC were appointed as class counsel. The named plaintiffs, including Jane Doe and Richard Robinson, were designated as class representatives.

Apple has not yet indicated whether it will appeal the certification order.