Class Action-Illinois Biometric Privacy Act

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7^th Circuit Court of Appeals

Case Name: Joshua Johnson v. Mitek Systems, Inc.

Case No.: 22-1830

Officials: Easterbrook, Scudder, and Lee, Circuit Judges.

Focus: Class Action-Illinois Biometric Privacy Act

HyreCar is an intermediary between people who own vehicles and other people who would like to drive for services such as Uber and GrubHub. Before leasing a car, HyreCar tries to ensure that the potential driver is who he says he is and has the license and driving record he claims to have. As part of this check, HyreCar sends an applicant’s information, including a photograph, to Mitek Systems, which provides identity-verification services. Joshua Johnson, one of HyreCar’s drivers, contends in this putative class action that Mitek has used that information without the consent required by §15 of the Illinois Biometric Privacy Act, 740 ILCS 14/15. Mitek removed the suit to federal court under the Class Action Fairness Act, 28 U.S.C. §1453, and asked the district court to send it to arbitration. After the court declined, 2022 U.S. Dist. LEXIS 80851 (N.D. Ill. May 4, 2022), Mitek took an immediate appeal on the authority of 9 U.S.C. §16(a)(1). The decision refusing to refer the suit to arbitration is affirmed, and the case is remanded for a decision whether the suit may proceed as a class action followed by a disposition on the merits (except for the claim under §15(c)).

Remanded.

Decided 12/21/22

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