Case 3:21-cv-00009-DWD Document 1-1 Filed 01/06/21 Page 1 of 27 Page ID #10
`Case 3:21-cv-00009—DWD Document 1-1 Filed 01/06/21 Page 1 of 27 Page ID #10
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`EXHIBIT A
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`EXHIBIT A
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`FILED
`Williamson Co. Circuit Court
`1 st Judicial Circuit
`Date: 11/17/2020 1:03 PM
`Andrew W. Wilson
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`IN THE CIRCUIT COURT
`FIRST JUDICIAL CIRCUIT
`WILLIAMSON COUNTY, ILLINOIS
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`K.F.C, a minor, by and through her guardian,
`ERIN CLARK, individually and on behalf of
`all others similarly situated,
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`Plaintiff,
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`SNAP, INC.,
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`Defendant.
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`Case No. 2020L 156
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`_
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`CLASS ACTION COMPLAINT
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`Plaintiff K.F.C. minor, by and through her guardian, Erin Clark ("Plaintiff'), individually
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`and on behalf of all others similarly situated, brings this action against Snap, Inc. ("Defendant" or
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`-
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`--
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`"Snap") and alleges the following, upon personal knowledge as to her own acts, and upon
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`information and belief derived from, among other things, investigation of counsel, as to all other
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`matters:
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`I. INTRODUCTION
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`Plaintiff brings this action against Snap under the Illinois Biometric Information
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`Privacy Act, 740 ILCS 14/1, et seq. ("BIPA"), pursuant to which she seeks injunctive relief, as
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`well as statutory damages recoverable under BIPA. BIPA prohibits private entities from collecting,
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`capturing, purchasing, receiving through trade, or otherwise obtaining a person's biometric
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`information unless it: (1) informs that person in writing that identifiers and information will be
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`collected and/or stored, (2) informs the person in writing of the specific purpose and length for
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`which the identifiers or information is being collected, stored or used, (3) receives a written release
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`from the person for the collection of that data, and (4) publishes publicly available written retention
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`schedules and guidelines for permanently destroying said data. See 740 ILCS 14/15(a) and (b). In
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`addition (c) "No private entity in possession of a biometric identifier or biometric information may
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`sell, lease, trade, or otherwise profit from a person's or a customer's biometric identifier or
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`

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`biometric information." 740 ILCS 14/15(c). This action alleges that Snap violated these three
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`provisions of BIPA.
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`2.
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`Developed, owned, operated, and exclusively controlled by Defendant, Snap,
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`Snapchat ("Snapchat") "is a camera application ("app") that was created to help people
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`communicate through short videos and images called `Snaps."'1
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` What started as a humble
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`company called "Future Freshman LLC" in 2010 has grown into a social media giant in the decade
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`since. According to Snap's investor information, the application has, on average, 238 million
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`active users exchanging over 4 billion snaps per day? Snap boasts that "[o]ver 75% of the 13-34
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`year old U.S. population uses Snapchat."3
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`One reason why Snapchat is so popular is because Snap represents that "Snaps"
`3.
`only exist for a finite period - usually just a few seconds, so that the user can send silly "Snaps"
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`- --- -
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`which purportedly self-delete.
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`4.
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`But what really happens to the 4 billion snaps that get sent through the application
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`each day? For any posted content not set as "Public Content," Snap's Terms of Service state that
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`users give "Snap Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferrable
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`license to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that
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`content."
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`5.
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`What Snap fails to disclose is that through its Snapchat app it collects and profits
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`from Plaintiff's and other similarly situated Illinois users' "biometric identifiers" ("biometrics")
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`without their informed, written consent. Snap's collection of these biometrics without the consent,
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`or appropriate notice to users, is in violation of BIPA. For example, one of Snapchat's most popular
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`features, "Lenses," which allows users to add special effects to their Snapchat photos, works by
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`scanning the geometry of a person's face in Snaps, which is a violation of BIPA.
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`6.
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`Plaintiff brings this action individually and on behalf of other similarly situated
`
`' S.E.C. Form 10-Q, Snap, Inc. (for the quarterly period ended June 30, 2020), at 11.
`Z Investor Relations, "Overview", SN,4P INC., https://investor.snap.com/overview/default.aspx (last visited Nov. 16,
`2020).
`' Id
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`2
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`Illinois residents for willful violations of the BIPA statute, which is punishable up to $5,000 per
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`reckless violation.
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`H. PARTIES
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`7.
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`Plaintiff K.F.C., by and through her guardian, Erin Clark (mother), is a minor child
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`and a resident and citizen of the State of Illinois. Plaintiff K.F.C. is a 13-year-old former Snapchat
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`user. Plaintiff downloaded the Snapchat app in Illinois, routinely used Snapchat in Illinois, has
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`used numerous Lenses in her Snaps in Illinois, and has sent from Illinois Snaps with Lens effects
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`to other Snapchat users. The relevant scans of Plaintiff's face in her Snaps occurred in Illinois, and
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`the violations of BIPA alleged herein occurred primarily and substantially within Illinois. Plaintiff
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`was unaware of and did not agree to the collection or storage of her biometric identifiers. Plaintiff
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`K.F.C. is a minor and cannot be bound to any agreement Snap may say applies. Plaintiff hereby
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`disaffirms and disavows any contract or agreement Snap may say applies to her. Plaintiff ceased
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`using Snapchat prior to the filing of this complaint.
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`8.
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`Defendant Snap, Inc. is a Delaware corporation with its principal place of business
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`located at 2772 Donald Douglas Loop North, Santa Monica, California 90405. Snap, Inc. is a
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`publicly-traded company, and is listed on the New York Stock Exchange under the trading symbol
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`"SNAP."
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`III. JURISDICTION
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`9.
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`This is a Class Action Complaint for violations of the Illinois Biometric
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`Information Privacy Act (740 ILCS 14/1, etseq.) seeking statutory and actual damages.
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`10.
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`This Court has subject matter and personal jurisdiction over the parties to this cause
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`of action. Plaintiff is a citizen of Illinois, and resides in Williamson County, Illinois.
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`11.
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`This Class Action is brought on behalf of only Illinois citizens within the State of
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`Illinois who had their respective biometric information collected by Defendant within the State of
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`Illinois.
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`3
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`12.
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`Consistent with the Due Process Clauses of the Fifth and Fourteenth Amendments,
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`this Court has in personam jurisdiction over the Defendant because it conducts commerce in the
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`State of Illinois, and is therefore present in the State of Illinois such that requiring an appearance
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`does not offend traditional notions of fair play and substantial justice.
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`13.
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`Plaintiff had her biometric identifiers captured, collected, stored or used by the
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`Defendant in Williamson County, Illinois. Accordingly, venue is proper under 735 ILCS 5/1-108
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`2-101 of the Illinois Code of Civil Procedure.
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`IV.
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` SUBSTANTIVE ALLEGATIONS
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`A.
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`The Illinois Biometric Information Privacy Act.
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`14.
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`BIPA .was___passed in 2008 in__order to address the _"very__ serious need _[for]___.___.
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`protections for the citizens of Illinois when it [comes to their] biometric information." Illinois
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`House Transcript, 2008 Reg. Session No. 276. Specifically, the legislature's findings were as
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`follows:
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`(a)
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`(f)
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`(g)
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`The use of biometrics is growing in the business and security screening
`sectors and appears to promise streamlined financial transactions and
`security screenings.
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`The full ramifications of biometric technology are not fully known.
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`The public welfare, security, and safety will be served by regulating the
`collection, use, safeguarding, handling, storage, retention, and destruction
`of biometric identifiers and information.
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`15.
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`BIPA defines a biometric identifier as follows:
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`"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan
`of hand or face geometry.
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`"Biometric information" means any information, regardless of how it is captured,
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`4
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`converted, stored, or shared, based on an individual's biometric identifier used to
`identify an individual.
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`740 ILCS 14/5 (emphasis added).
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`16.
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`The statute also governs the retention, collection, disclosure, and destruction of
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`retained biometric identifiers or biometric information, and prohibits a private company from
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`profiting from biometric identifiers:
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`(a)
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`A_pri_v_ate entity in_possession_of—biometric_identifiers_or biometr_ic
`information must develop a written policy, made available to the public,
`establishing a retention schedule and guidelines for permanently destroying
`biometric identifiers and biometric information when the initial purpose for
`collecting or obtaining such identifiers or information has been satisfied or
`within 3 years of the individual's last interaction with the private entity,
`whichever occurs first.
`
`(b)
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`No private entity may collect, capture, purchase, receive through trade, or
`otherwise obtain a person's or a customer's biometric identifier or biometric
`information, unless it first:
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`(1)
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`(2)
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`(3)
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`(c)
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`informs the subject or the subject's legally authorized representative
`authorized representative in writing that a biometric identifier or
`biometric information is being collected or stored;
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`informs the subject or the subject's legally authorized representative
`in writing of the specific purpose and length of term for which a
`biometric identifier or biometric information is being collected,
`stored, and used; and
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`receives a written release executed by the subject of the biometric
`identifier or biometric infoi-mation or the subject's legally authorized
`representative.
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`No private entity in possession of a biometric identifier or biometric
`information may sell, lease, trade, or otherwise profit from a
`identifier or biometric
`person's or a customer's biometric
`information.
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`740ILCS 14/5(a)-(c).
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`5
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`B.
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`Snapchat Is A Social Media Application Used To Send Photos And Videos To
`Other Snapchat Users.
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`17.
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`Snapchat "is a camera application that was created to help people communicate
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`through short videos and images called `Snaps."'4 According to Snap's investor information, the
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`application has, on average, 238 million active users exchanging over 4 billion snaps per day.s
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`Snap boasts that "[o]ver 75% of the 13-34 year old U.S. population uses Snapchat."6
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`18. Within the application, Lenses and Filters are two very popular features that allow
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`users_to_change_their-appearance,-including-to-their_faces,-in-Snaps. Lenses-allo-w-user-s-to-add
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`special effects to their Snaps, including editing their appearances, as well as their voices. Filters
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`work by acting as a design overlay over Snaps - similar to adding a preexisting frame or overlay
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`to Snaps.
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`19.
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`Snapchat users can use many default Lenses and Filters that are provided within
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`the Snapchat application. They can also create their own custom Lenses and Filters using Snap's
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`Lens Studio, which is a program offered by Snap for free download. Each time a Lens or Filter is
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`used, Snap scans the image of the user's face to create a detailed map of the user's facial features,
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`and their connection to one another.
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`C.
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`Snap violates BIPA.
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`1.
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`Plaintiff's use of Snapchat.
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`20.
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`Plaintiff is a 13-year-old child who lives, and at all relevant times has lived, in the
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`State of Illinois and used Snapchat in Illinois. In addition to sending Snaps to other users, Plaintiff
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`used in Illinois various aspects of the application that change the appearance of her face in Snaps,
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`including numerous Lenses, that were sent from Illinois to other Snapchat users. One of the Lenses
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`that Plaintiff used was "Devil's Heart" - a Snapchat Lens that alters the image of a person's face
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`so that she appears to have freckles on the nose and cheeks, as well as devil's horns on the forehead
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`4 S.E.C. Form 10-Q, Snap, Inc. (for the quarterly period ended June 30, 2020), at 11.
`5 Investor Relations, Overview, Sr1Ar INC., https://investor.snap.com/overview/default.aspx (last visited Nov. 16,
`2020).
`6 Id
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`l~]
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`above the eyes.
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`2.
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`Snapchat Collects, Captures or Otherwise Obtains Faceprint/Facial
`Biometric Identifiers.
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`-.
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`-
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`21.
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`Four years ago, on September 15, 2015, a Ukrainian "selfie" animation phone
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`application called Lookseiy mysteriously disappeared from App Stores.7 On the very same day,
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`September 15, 2015, Snap launched a new component of its own application, which it called
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`"Lenses."g
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` It was later confirmed that Looksery and its application technology were acquired by
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`Snap9 for approximately $150 million dollars.10 According to Business Insider, "[Looksery] uses
`facial recognition technology to essentially photoshop video chats and messages in real time."11
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`TechCrunch, a respected online publisher of tech-industry focused content, published an article in
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`September 20i5 titled "Snapchat Acquires Looksery- To-Power Its Animated L-enses:"12 That
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`--- ----
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`article compared what it called Looksery's facial recognition, as compared to Snapchat's Lenses,
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`to show how similar they are:
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`Looksery's facial recognition on the left, Snapchat's seemingly identical facial recognition
`on the right.13
`
`' Josh Constine, Snapchat Acquires Looksery to Power its Animated Lenses, TECHCRUNCH (Sept. 15, 2015),
`https://techcrunch.com/2015/09/ 15/snapchat-looksery/?guccounter=l.
`$ Id.
`9 Id
`10 Alyson Shontell, Snapchat huys Looksery, a 2 year-old startup that lets you Photoshop your face while you video
`chat, BUsiNEss INSIDER (Sept. 16, 2015), https://www.businessinsider.in/Snapchat-buys-Looksery-a-2-year-old-
`startup-that-lets-you-Photoshop-your-face-whi le-you-video-chat/articleshow/489785 63.cros.
`11 Id
`" See https://techcrunch.com/2015/09/15/snapchat-looksery/?guccounter=l, supra n.8.
`13 https://techcrunch.com/2015/09/15/snapchat-looksery/?guccounter=l, supra n.8.
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`7
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`_ ..
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`22.
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`Evidently, both use numerous points of facial landmarks from Snaps, which are
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`«
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`--
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`connected by liries to create a facial-map; in other words, they are scan[s] of ... face geometry,
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`a biometric identifier pursuant to BIPA. 740 I.L.C. 14/10.
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`23.
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`Snap does not make the disclosures required by BIPA and does not obtain informed
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`consent of users in violation of BIPA.
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`24.
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`Snap continues to offer and operate the Lenses feature on its platform. Following
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`Snapchat's integration of Looksery's technology, Looksery's founder, Victor Shaburov, joined the
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`Snapchat team in an effort to successfully integrate the technology that he helped create.
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`Subsequently, Shaburov become Snapchat's director of engineering before leaving to start a new
`company in 2018 (which was also acquired by Snapchat).14
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`-
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`25.
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`-- -- -
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`Snapchat's Lens Studio is a free software program owned by Snap that allows users
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`to create their own unique effects beyond those already available to all users within the Snapchat
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`application. Snap describes the Lens Studio as follows: "The World Is Your Canvas. ... With a
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`huge set of built-in features, including .... advanced tracking technology, the possibilities are
`endless." ls
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`26. Within the Lens Studio webpage, Defendant explains how Lenses are created, and
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`how they work. This explanation evidences that Lenses utilize biometric identifiers, specifically,
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`a"scan of ... face geometry," as defined by BIPA. 740 I.L.C. 14/10. For example, under the
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`"Learn" heading in the Lens Studio, Snap discusses various types of effects that distort and change
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`a person's face — effects which would not exist but for a facial mapping or scanning of a person's
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`face in a Snap by Snapchat. As Lens Studio states with respect to one of the Lenses that is supposed
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`to stretch a person's face: "The Face Stretch Effect distorts the shape of the face by manipulating
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`points mapped to the face" 16 (emphasis added).
`
`11 Ingrid Lunden, Snapchat quietly acquired AI Factory, the company behind its new Cameos feature, for $166M,
`TECHCRUNCH (Jan. 3, 2020), https://techcrunch.com/2020/01/03/snapchat-quietly-acquired-ai-factory-tlie-company-
`behind-its-new-cameos-feature-for-166m/.
`is Lens Studio, SNAP INC., https://lensstudio.snapchat.com/ (last visited Nov. 16, 2020).
`16 Lens Studio, Learn, Templates, Distort, SNAP INC., https://lensstudio.snapchat.com/templates/face/distort/ (last
`visited Nov. 16, 2020).
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`8
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`27.
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`The Face Stretch Effect and the mapping of the various points on a person's face
`-
`-
`cari be -seen in this image, which is consistent with the tecfinology Snap acquired from Looksery:
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`--
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`28.
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`Lenses allow users to apply many effects to their own faces, from cartoonish effects
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`like bug-eyes, face stretching and other distortions, to subtle make-up effects, such as smoothing
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`facial texture, altering eye color, whitening teeth, and softening the skin.l7
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`29.
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`According to Snap, the "Face Landmarks" tool in the Lens Studio captures 93
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`points on each user's face and allows for manipulation of the distance between two points on the
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`map of the face. Snap touts that "Face Landmarks are great if you want to track specific parts of
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`the face since you have 93 points to attach to," stating as follows in relevant part:
`
`Face Landmarks are 93 points that are tracked with the user's face. Like Object
`tracking, the position of the points are in screen space. Face Landmarks are great if
`you want to track specific parts of the face since you have 93 points to attach to.
`You can also make fun interaction by getting distance between two of the
`landmarks and make interaction based on the distance.
`
`Id.
`
`" Lens Studio, Learn, Templates, Face Retouch, https://lensstudio.snapchat.com/guides/face/face-effects/face-
`retouch/.
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`9
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`30.
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`The Lens Studio user can even shift into "Points Mode," which gives a display of
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`-
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`--
`each of the important facial points that the application maps and uses; th'is can be seen in- this
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`. ..
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`image:
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`31.
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`Facial mapping, which measures, compares, and tracks the "landmarks" of a
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`person's face, and the distance between the landmarks, as demonstrated in Snapchat's own
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`explanations of its Lens technology, are evidently biological-based measurements from a"scan of
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`... face geometry." 740 ILCS 14/10.
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`32.
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`Additionally, Snapchat's Filters tool also scans facial geometry in violation of
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`BIPA. Filters are similar to Lenses, however Filters are "frames and artwork" that can be applied
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`to Snaps, whereas Lenses are "augmented reality experiences friends can play with."Ig
`
`33.
`
`According to an article written by James Le, the editor of Cracking the Data Science
`
`Interview, titled "Snapchat's Filters: How computer vision recognizes your face," the application
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`of extracting facial landmarks is applied to Filters as well. Specifically, he states that, "[flor each
`
`i$ Filters & Lenses, Create Your Own, Snap Inc., littps://www.snapchat.com/create (last visited Nov. 16, 2020).
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`10
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`detected face ... the local region coordinates for each member or facial feature of that face. This
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`-
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`
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`includes the eyes; bone, lips, nose, mouth .... coordinates usually iri the -form of poin-ts .:.."
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`--
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`- --
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`(emphasis omitted).
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`An example of a popular Snapchat Filter is one called "Old." The "Old" Filter, which was
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`named one of the best Snapchat Filters of 2020, considerably ages a person's appearance in Snaps.
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`It edits faces detected in the Snap by making the person's skin appear older, as well as turning hair
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`grey.20 An example of this Filter can be seen below:
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`O9d by SnapcFaat
`
`34.
`
`Snap does not disclose that its Lenses and Filters collect, capture, or otherwise
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`obtain biometric identifiers, and do not give to users, or receive from users, the informed written
`
`consent required by the statute prior to obtaining users' biometric identifiers. Snap does not
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`disclose how the biometric identifiers are used, if they are shared with or sold to third parties, and
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`if there is a purpose for the collection of these identifiers and information, in violation of BIPA.
`
`35.
`
`Indeed, Snap tells users that Lenses are not facial recognition, which gives users
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`false comfort about a subject it knows users are concerned about, namely the use of biometrics in
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`consumer technology. Snap states the following on a section of its website it calls "Privacy by
`
`Product:"
`
`19 James, Le, "Snapchat's Filters: How computer vision recognizes your face: The science behind personalized facial
`recognition," 1VIEDIUM (Jan. 28, 2018), https://medium.com/cracking-the-data-science-interview/snapchats-filters-
`how-computer-vision-recognizes-your-face-9907d6904b91.
`20 Henry T. Casey,l9 best Snapchat filters in 2020, Tom's GLiIDE (July 27, 2020), https://www.tomsguide.com/round-
`up/best-snapchat-filters.
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`11
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`Lenses
`
`Ever wonder how Lenses swap your face with a friend's or give you puppy dog
`ears? Some of the magic behind Lenses is due to "object recognition." Object
`recognition is an algorithm designed to help a computer generally understand what
`objects are in an image. In this case, it lets us know that a nose is a nose or an eye
`is an eye. But, object recognition isn't the same as facial recognition. While Lenses
`can tell.what is or isn't a face, they don't recognize specific faces!21
`BIPA does not contain the phrases facial recognition, or object recognition. BIPA
`36.
`
`governs;
`
` r-elevant--to—this—case,—biometric—identi-fier-s,—which—means "a—scan—o.f—hand—or_face
`
`geometry." 740 I.L.C. 14/10. Snap's statement in its Privacy Policy that its Lenses do not use facial
`
`recognition is not relevant to whether it collects biometric ideritifiers.
`
`- .. .
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`.. - -
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`Plaintiff does not allege that Snap utilizes facial recognition. However, as noted
`37.
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`--
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`--
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`-
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`-
`-
`-
`above, respected tech publications have described Snap's Lenses as utilizing facial recognition
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`technology, and, indeed, patents, or patent applications, owned by Snap (or companies it acquired)
`
`utilize the term facial recognition. If Snap is not using facial recognition currently, there is reason
`
`to believe that at the least Snap has the technology to perform facial recognition, and is planning -
`
`on using facial recognition in the future because it has a patent that claims expressly to be able to
`
`perform facial recognition. In 2016 Snap obtained a patent (US9396354B 1) described in the patent
`
`application as follows:
`
`SUMMARY OF THE INVENTION
`A method executed by a computer includes receiving an image from a client device.
`A facial recognition technique is executed against an individual face within the
`image to obtain a recognized face. Privacy rules are applied to the image, where
`the privacy rules are associated with privacy settings for a user associated with the
`recognized face. A privacy protected version of the image is distributed, where the
`privacy protected version of the image has an altered image feature.22 (emphasis
`added).
`
`38. Moreover, a Looksery patent application (US20150195491A1), a company
`
`21 Privacy by Product, Snaps & Chats, SrIAP INC., https://www.snap.com/en-US/privacy/privacy-by-product (last
`visited Nov. 16, 2020).
`'-'- Google Patents, US9396354B 1, GooGLE, https://patents.google.com/patent/US9396354 (last visited Nov. 16, 202).
`
`12
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`-
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`-
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`acquired by Snap, claims to be able to identify individual faces:z3 '
`
`[0070]. According to various embodiments of this disclosure, a face in an image
`can.be identified by application of a Viola-Jones algorithm and ASM algorithm.
`In particular, a Viola-Jones algorithm is a fast and quite accurate method for
`detecting a face region on an image. An ASM algorithm is then applied to the face
`region to locate reference.,feature points associated with the face. These feature
`reference points can include one or more facial landmarks such as ala, philtrum,
`vermilion zonem, vermilion border, nasolabial sulcus; -labial- commissures, lip
`tubercle, nasion, outer canthos of eye, inner canthos of eye, and tragus of ear.
`Moreover, the feature reference points can include one or more of the following
`vertic`al position, eyes vertical position,
`faci`al poin s~in`dica inf g: eyebr wo s
`
`eyes' width, eyes' height, eye separation distance, nose's vertical position,
`nose's pointing up, mouth's vertical position, mouth's width, chin's width,
`upper lip raiser; jaw drop~ lip stretcher, left brow lowerer; right brow lowerer,
`lip corner depressor, and outer brow raiser. FIG. 5 shows an example image of
`a face where multiple reference feature points are illustrated (emphasis added).
`
`[74] Further, the shape model specifies allowable constellations of landmarks. A
`shape of individual can be given by its shape vector x=(xi T)T, where xi is i-th
`facial landmark. The shape model generates the shape {circumflex over (x)} with...
`(emphasis added).
`
`_(cid:9)
`
`39.
`
`Although the foregoing patent application does not reference Lenses specifically,
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`Lens effects are applied over video image Snaps as well as photos, and the same technology (or
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`elements of it) may be utilized in the creation and application of Lenses. The patent's statement
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`that the technology utilizes facial landmarks such as "eye separation distance ... nose's [SIC]
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`pointing up" is consistent with the technology that Snap says is used in its Lenses. (Supra at
`
`paragraphs 27-30).
`
`40.
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`Use of Snapchat, which is the app owned, operated, and wholly controlled by Snap,
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`is governed by its Terms of Service. Although plaintiff is a minor who has not entered into the
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`contract and has disaffirmed it, as described above in the Parties section, the Terms of Service
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`evidence that the content on Snapchat, which would include Snaps that have been altered with
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`Lenses and Filters, is usable, storable, and modifiable by Snap:
`
`https: //patents.google. com/patent/US20150195491A1/en
`
`13
`
`

`

`-
`
`For all content you submit to the Services other than Public Content, you grant Snap
`Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferable
`license to host, store, -use; -display, reproduce, modify, adapt, edit, publish, and
`distribute that content. This license is for the limited purpose of operating,
`developing, providing, promoting, and improving the Services and researching and
`developing new ones.
`
`Because Public Content is inherently public and chronicles matters of public
`interest, the license you grant us for this content is broader. For Public Content, you
`grant Snap Inc., our affiliates, and our business partners all of the same rights you
`grant for non-Public Content in the previous paragraph, as well as a perpetual
`license to create derivative works from, promote, exhibit, broadcast, syndicate,
`publicly perform, and publicly display Public Content in any form and in any and
`all media or distribution methods (now known or later developed). To the extent
`it's necessary, when you appear in, create, upload, post, or send Public Content,
`you also grant Snap Inc., our affiliates, and our business partners the unrestricted,
`worldwide, perpetual right and license to use your name, likeness, and voice,
`including in connection with commercial or sponsored content.
`
`3.
`
`Snapchat Profits from Users' Biometric Identif ers.
`
`'
`
`41.
`
`Snap profits from Snapchat users' biometric identifiers, in violation of BIPA, which
`
`prohibits private entities in possession of a biometric identifier from selling, leasing, trading, or
`
`otherwise profiting from a person's or a customer's biometric identifier. 740 I.L.C.S. 14/15. The
`
`Lenses and Filters attract users and have contributed to the user growth of the Snapchat application.
`
`This increase in users, in turn, attracts advei-tisers who pay Defendant to advertise within its
`
`application.
`
`42.
`
`In the fourth quarter of 2014, Snapchat had approximately 71 million users, the
`
`bulk of whom were in North America.24 Following the introduction of the Lenses and Filters in
`
`September 2015, Snapchat's userbase grew to 107 million users.25 The increase in users has a
`
`direct correlation to an increase in revenue, the majority of which comes from advertisers26 In the
`
`fourth quarter of 2014, Snapchat earned approximately $3 million.27 But by the fourth quarter of
`
`'-4 Snap Inc. Revenue and Usage Statistics (2020), BUSINESS OF APPS, https://www.businessofapps.com/data/snapehat-
`statistics/# 1 (last updated Oct. 30, 2020).
`2s Id.
`'-6 Id.
`'-1 Alyson Shontell, Snapchat generated only $3.1 million last year, BUSINESS INSmER (Aug. 19, 2015),
`https://www.businessinsider.com/snapchat-only-generated-3 1-million-last-year-2015-8.
`
`14
`
`

`

`2015, its revenue ballooned to $32.7 million and, with a few quarterly exceptions, has steadily
`
`increased to revenue in the amount of $454 million in the second quarter of 2020.28 Significantly,
`
`advertiser-sponsored Lenses are currently Snapchat's most expensive offerings to advertisers, with
`
`ad rates ranging from $450,000 to $700,00029
`
` In short, Snapchat's offering of Lenses, which
`
`collect users' biometric identifiers, directly contributes to Defendant's advertising profits, in
`
`violation of BIPA. 740 I.L.C.S. 14/15.
`
`4.
`
`Snapchat Has a I)ubious History Regarding User Privacy.
`
`43.
`
`In December of 2014, the Federal Trade Commission alleged that Snap (at the time
`
`named Snapchat; Inc.) violated the Federal Trade Commission Act. In the Matter of Snapchat,
`
`Inc., a corporation, Docket No. C-4501 (F.T.C. Complaint, Dec. 2014).
`
`44.
`
`Those charges claimed Snapchat deceive(d/s) users in the following ways: the
`
`representation that "when sending a message through the application, the message will disappear
`
`forever after the user-set time expires" was false and misleading, the representation that users will
`
`be notified if a screenshot is taken of their "Snap" was false and misleading, the representation
`
`that Snapchat does not collect geolocation information was false and misleading, the representation
`
`that Snapchat does not harvest a user's contacts information was false and misleading, the
`
`representation that Snapchat only collects email, phone number, and Facebook ID when "finding
`
`friends" was false and misleading, and the representation that Snapchat protects user information
`
`from misuse and unauthorized disclosure was false and misleading. Id. The matter was resolved
`
`by settlement with Snap neither admitting nor denying wrongdoing. The settlement required Snap
`
`to agree to change its privacy disclosures and to otherwise strengthen user privacy.
`
`45.
`
`In 2019, an investigative report by Vice revealed that Snapchat not only has the
`
`tools to spy on users, but that employees had abused these tools previously.30 That report relied
`
`on former Snapchat employees and revealed that "multiple Snap employees abused their access to
`
`zs Id.
`'-9 Id.
`30 Joseph Cox, Snapchat Employees Abused Data Access to Spy on Users, MOTIIE1zBoAItD TECx BY VICE (May 23,
`2019), https://www.vice.com/en us/article/xwnva7/snapchat-employees-abused-data-access-spy-on-users-snaplion.
`
`15
`
`

`

`Snapchat user data .... additional ... employees, a current employee, and a cache of internal
`
`company emails obtained by [Vice], described internal tools that allowed Snap employees at the
`
`time to access user data, including in some cases location information, their own saved Snaps and
`
`personal information such as phone numbers and email addresses."31
`
` According to that report,
`
`"[o]ne of the internal tools that can access user data is called SnapLion ....[t]he tool was originally
`used to gather information on users in response to valid law enforcement requests ...." 32
`
`46.
`
`These specific allegations were not denied by Snapchat. Rather, in a released
`
`statement, Snap vaguely claimed: "Protecting privacy is paramount at Snap. We keep very little
`
`user data, and we have robust policies and controls to limit internal access to the data we do have.
`
`Unauthorized access of any kind is a clear violation of the company's standards of business
`- - - - - ------- -
`-
`conduct and,if detected, results in immediate termination. -»33-- -- - -
`
`--
`
`V. CLASS ALLEGATIONS
`
`47.
`
`This action is brought by the named Plaintiff on her own behalf and on behalf of a
`
`proposed Class of all other persons similarly situated, pursuant to 735 ILCS 5/2-801, et seq.,
`
`defined as follows:
`
`All Illinois citizens whose biometric information or biometric iden