By Rajwa Quasim
Nine of the world’s major tech companies are locked in a Chicago federal court battle in a class action lawsuit over the allegations that these companies harvested user’s data without their permission to train artificial intelligence models.
The lawsuit was filed by a group of journalists, podcasters and audiobook narrators through law firm Ross Kimbarovsky of Loevy & Loevy against tech companies such as Apple, Amazon, Meta Platforms, Microsoft, Nvidia and Samsung. Named plaintiffs include Chicago journalist Carol Marin and Pulitzer Prize winners Yohance Lacour and Alison Flowers, and award-winning journalist Robin Amer.
“They harvested as much information as they could from every source imaginable,” said Kimbarovsky.
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The case filed could become an important test of Illinois’ Biometric Information Privacy Act (BIPA) as tech companies heavily rely on large amounts of human generated data to train AI models. The BIPA Act requires companies to inform workers and consumers before collecting their biometric data and obtaining their consent. Companies must also explain how long the data will be collected and develop a written policy outlining when and how it will be destroyed. It also prohibits companies from selling the user’s data.
In 2024, Illinois reduced BIPA penalties after a surge in lawsuits invoking the law. But the companies still must pay $1,000 for each negligent violation and $5,000 for each intentional or reckless violation.
The current lawsuits do not focus on copyright infringement, but it has a become a central issue in legal battles involving training AI. The plaintiffs in this case argue that the companies violated privacy, publicity, consumer fraud and deceptive practice laws by collecting and using biometric information without consent and disclosure.
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The nine lawsuits are currently assigned to seven different federal judges in Chicago. Apple has asked that the cases be consolidated before a single judge. The legal teams of defendants include lawyers from 10 major firms such as Gibson Dunn for Apple, Greenberg Traurig for Samsung, Jenner & Block for Microsoft, Latham & Watkins for ElevenLabs and Meta Platforms, Morgan Lewis for Amazon, Quinn Emanuel for Alphabet and Sidley Austin for Adobe.
The defendants argue that the plaintiffs have not shown that the alleged use of their recordings occurred, which means BIPA may not apply.
Apple’s lawyers said, “They allege only that their recordings are available on the internet; they do not offer any facts to support an inference that Apple used those recordings to train its technology.” Meta said it provides people with information about how their data is used and called the plaintiffs’ claim incorrect.