Thakkar et al. v. ProctorU, Inc.
2:21-cv-02051 (C.D. Ill.); transferred to 2:21-cv-01565-NAD (N.D. Ala.)
Court
U.S. District Court, Central District of Illinois (filed); transferred to N.D. Ala., Southern Division (Magistrate Judge Nicholas A. Danella)
Plaintiffs
Rutvik Thakkar, William Gonigam, Andrea Kohlenberg (putative class of Illinois students using ProctorU)
Defendants
ProctorU, Inc.
Causes of action
Illinois Biometric Information Privacy Act (BIPA) Sections 15(a), 15(b), 15(e)
Settlement
None
Allegations
ProctorU collected, stored, and used facial geometry and other biometric data without informed written consent, without a public retention/destruction policy, and failed to safeguard the data, leading to a July 2020 data breach exposing nearly 500,000 user records.
Outcome / Status
Dismissed with prejudice (Alabama choice-of-law clause enforced; BIPA inapplicable). Reported at 642 F. Supp. 3d 1304.
Appellate history
Notice of Appeal filed January 9, 2023 (11th Circuit); subsequent disposition not located in public sources reviewed