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Class Action

Sosa v. Onfido

SettledClass claims present

Sosa, et al. v. Onfido, Inc.

Where it stands

Seventh Circuit affirmed denial of Onfido's motion to compel arbitration on August 11, 2021 (No. 21-1107), holding Onfido could not invoke the arbitration clause in OfferUp's user agreement as a non-signatory. Settlement of $28.5 million received final approval following the November 9, 2023 hearing before Judge Marvin E. Aspen, payable in installments over three years.

Key ruling

Sosa v. Onfido, Inc., 8 F.4th 631 (7th Cir. Aug. 11, 2021) — a biometric software vendor cannot compel arbitration under its customer's end-user agreement as a non-signatory; a key ruling keeping BIPA claims against B2B AI/biometric vendors in court.

Note on this record

Filing date not verified. Some secondary trackers report a smaller settlement figure; the $28.5 million total is taken from the court-approved settlement website.

The record

Court
U.S. District Court for the Northern District of Illinois
Case number
1:20-cv-04247
Filed
Filing date not established
Defendants
Onfido, Inc.
Plaintiffs
Illinois residents who uploaded a photo or video of themselves plus a photo ID to any application, software or website operated by an Onfido customer between June 12, 2015 and May 5, 2023, divided into a Financial Institution Class and a Non-Financial Institution Class
Technology at issue
Onfido identity-verification SDK embedded in third-party apps (including the OfferUp marketplace), which extracted facial geometry from a selfie and a government ID photo
Relief sought
BIPA statutory damages of $1,000 per negligent violation and $5,000 per reckless or intentional violation (740 ILCS 14/20) for collection without written notice, a published retention policy, or informed written consent under 740 ILCS 14/15(a)-(b).
Settlement
$28,500,000 ($12,785,595.90 Financial Institution Class; $15,714,404.10 Non-Financial Institution Class); approved claimants received $65–$110 or $210–$350 depending on class
Counsel of record
Edelson PC

Claims pleaded

Sources (2)

This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.

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