Lewis v. Maverick Transportation LLC, 3:22-cv-00046

Plaintiff Lewis, a Maverick truck driver, sued Maverick Transportation LLC and Lytx alleging violations of the Illinois Biometric Information Privacy Act (BIPA) based on installation of Lytx’s SF-300 DriveCam that records in-cab video and captures facial geometry/biometric data.
Complaint alleges DriveCam ‘‘scans the driver’s face geometry’’ and feeds biometric data into algorithms amounting to continuous AI surveillance.
Suit filed November 17, 2021 in Illinois state court; defendants removed to federal court under CAFA on January 10, 2022.
Lytx sought multiple extensions, moved to sever/transfer or stay (denied), then moved to dismiss arguing BIPA requires pleading that collected biometric data was used to identify the plaintiff.
Maverick was later dismissed with prejudice.
On June 26, 2023 the district court denied Lytx’s motion to dismiss, holding BIPA does not require pleading that biometric data was used to identify the plaintiff and allowing Lewis’s claims to proceed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether BIPA requires pleading that biometric data collected was used to identify the individual	Lewis alleges DriveCam captures facial geometry and that the system identifies or links data to him; he need not allege use to identify	Lytx contends BIPA’s definition requires biometric information to be used to identify an individual, so plaintiff must plead that scans were used to identify him	Court held BIPA does not require pleading that collected biometric data was used to identify the individual; denied motion to dismiss

Thornley v. Clearview AI, Inc., 984 F.3d 1241 (7th Cir. 2021) (describing BIPA’s regulation of collection, retention, disclosure, and destruction of biometric identifiers)
Bryant v. Compass Grp. USA, Inc., 958 F.3d 617 (7th Cir. 2020) (explaining BIPA protects consumers by requiring notice about how biometric data will be used, who will access it, and retention period)