Shutterfly User Must Arbitrate Ill. Biometric Privacy Claim

Law360 (May 15, 2020, 8:03 PM EDT) -- An Illinois federal judge said Friday that a Shutterfly user must arbitrate her accusations that the photo publishing service unlawfully stored biometric data from its facial-recognition technology, even though the company unilaterally amended its arbitration clause after she sued.

U.S. District Judge Mary Rowland said Vernita Miracle-Pond's proposed class biometric privacy claims should be held to Shutterfly's 2015 arbitration clause because the terms she initially accepted in 2014 included a provision allowing it to post revisions on its website "from time to time." That change-in-terms provision was valid, and Miracle-Pond's continued use of its service after the update constitutes her acceptance...

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