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In April, Google settled an Illinois lawsuit accusing it of violating the Biometric Information Privacy Act with its Photos face regrouping tool, for $100M

USA Today Jim Hagerty

Context & Ripple Effects

Google's $100M settlement over the Photos face regrouping tool is the second major payout under Illinois' Biometric Information Privacy Act, following Facebook's $550M settlement over photo tagging two years earlier — together establishing that consumer photo features touching faces carry statutory damages risk in Illinois.

The settlement also slots into a longer Google pattern: months later came the record $391.5M settlement with 40 state AGs over location tracking, and by early 2026 further deals covering Android cellular data collection and Assistant recordings.

First-order effects

  • Illinois residents whose faces were grouped in Google Photos become eligible for compensation from a $100M fund, while Google retires the legal exposure around the face regrouping feature without admitting broader wrongdoing.
  • The deal hands plaintiffs' firms a fresh template: BIPA claims against big-tech photo products now have two landmark outcomes — Facebook's $550M and Google's $100M — to anchor future filings.

Second-order effects

  • Any company operating face-grouping or tagging features must weigh Illinois exposure when deciding whether to enable such tools by default, since BIPA's per-violation damages make opt-in consent the cheap alternative to litigation.
  • Google's successive privacy settlements — location tracking, then Android data and Assistant recordings — push its total disclosed payouts into a range where product teams face internal pressure to treat consent flows as launch-blocking requirements rather than post-launch fixes.

Third-order effects

  • If the pattern holds, Illinois-style biometric statutes function as a de facto national standard: platforms either redesign facial features around explicit consent everywhere or fragment features by state, and legislatures elsewhere gain a proven enforcement model to copy.
  • Privacy class actions are hardening into a predictable cost of doing business for consumer-data businesses, shifting the calculus from whether to settle toward how quickly — with each large payout raising the floor for the next round of claims.

The trend: Consumer biometric and data-collection practices are being repriced through recurring nine-figure class settlements, with Illinois' BIPA serving as the template statute and Google among its most frequent payers.

Discussion

  • @adam_k_levin Adam Levin on x
    If the other 49 states followed suit, this may actually force Google to change their #privacy practices. As it is, it's a slap on the wrist. https://www.usatoday.com/...
  • @carnage4life Dare Obasanjo on x
    My mind is still blown that Illinois made apps recognizing or tagging faces illegal so now class action lawyers are going to collect billions from any app with face filters or tagging. https://www.usatoday.com/...