A federal judge has approved a $4.25 million settlement in a closely watched case involving in‑cab video company Lytx and Illinois’ strict biometric privacy law. The settlement concludes litigation that began in 2021 and will result in payouts of roughly $650 to $850 per driver, depending on residency.
Case Background
The lawsuit was filed by truck driver Joshua Lewis in 2021 against his employer, Maverick Transportation, and Lytx. It alleged that Lytx’s in‑cab video technology violated Illinois’ Biometric Information Privacy Act (BIPA) by scanning drivers’ facial geometry without adequate notice or retention policies.
- The case was consolidated in U.S. District Court for the Southern District of Illinois.
- Judge Nancy Rosenstengel approved the settlement last week.
- About 3,599 drivers ultimately joined the class action, out of a potential pool of 85,000.
According to the original complaint, Lytx’s system would “scan the driver’s face geometry and harness those biometric data points by feeding them into sophisticated algorithms that identify the driver’s actions, in what amounts to constant AI surveillance.”
Settlement Details
The $4.25 million settlement will be distributed as follows:
- Illinois Drivers: Approximately $631 each.
- Non‑Illinois Drivers: Approximately $845 each.
- Named Plaintiffs: $10,000 each for the three lead plaintiffs, including Lewis.
- Legal Fees: About one‑third of the total ($1.42 million) will go to plaintiffs’ attorneys.
The settlement amount is significantly higher than payouts in other BIPA class actions, which have ranged between $47 and $188 per individual. By comparison, a separate transportation-related BIPA case against railroad BNSF resulted in payouts of about $1,000 per driver.
Lytx’s Response
Lytx continues to dispute that its technology falls under BIPA.
“Lytx firmly believes that BIPA does not apply to Lytx’s technology and that these lawsuits are not warranted,” the company said in a statement to FreightWaves. “As designed, Lytx’s in‑vehicle Machine Vision + Artificial Intelligence (‘MV+AI’) Alerting System does not collect retina or iris scans, facial geometry, or any type of biometric data, for any purpose whatsoever.”
The company added it was “pleased to put this settlement behind us” and emphasized its focus on delivering “category-defining driver safety technology.”
Legal Implications
Although the case was settled, the lawsuit highlighted the risks companies face under Illinois’ BIPA, considered one of the toughest biometric privacy laws in the U.S.
A blog post from law firm Milberg Coleman Bryson Phillips Grossman, which represented the plaintiffs, noted the case’s broader significance:
“In denying dismissal, the court reinforced a key feature of BIPA: the law’s protections apply regardless of whether biometric data is used for actual identification. That interpretation continues to drive litigation risk for companies deploying biometric and AI technologies in Illinois.”
The settlement resolves the claims without a trial, leaving unresolved the question of whether Lytx’s in‑cab technology constitutes a BIPA violation.
Source: FreightWaves
Fuente: https://www.freightcaviar.com/illinois-biometric-privacy-case-against-lytx-ends-in-4-25m-settlement/
