Respondus Facial Scan Lawsuit & Class Action Data Privacy Settlements

Respondus Inc. faces new class action litigation as plaintiffs allege the online company’s automated proctoring program collected biometric data without first obtaining their informed consent, violating Illinois privacy law.

Illinois students claim that Respondus violated the Biometric Information Privacy Act by failing to disclose that the company’s proctoring tool collects and uses students’ facial geometry and other biometric identifiers like voice recognition.

Northwestern and DePaul University are also facing class action lawsuits, with plaintiffs claiming the universities used the tool to collect students’ biometric data without their prior consent. Complaints allege the universities violated the Illinois Biometric Information Privacy Act (BIPA).

Joe Lyon is a highly-rated class action attorney investigating data misuse claims and reviewing biometric data privacy cases on behalf of students and plaintiffs nationwide.

Respondus Biometric Data Collection

The recent lawsuits filed against Respondus, Examity and Illinois universities assert that the companies and schools violated BIPA by failing to inform students about the collection and storage of their biometric data. Online test proctoring software like Examity and Respondus are designed to prevent cheating by verifying students’ identities and tracking their physical and digital movements while taking an exam. But privacy advocates say that may go too far and violate students’ personal privacy.

BIPA was enacted in 2008 to protect Illinois residents from companies seeking to collect, store or sell their biometric data without their permission. The law requires companies and other institutions like schools to get explicit permission before collecting and saving their unique biometrics.

The Northwestern University complaint states that the software collected students’ “facial recognition data, facial detection data, recorded patterns of keystrokes, eye monitoring data, gaze monitoring data, and camera and microphone recordings.”

Critics of Respondus and other AI software say the companies engage in a certain type of “digital surveillance.” Respondus was hit in November 2020 with BIPA data privacy claims by a proposed class of Lewis University students. Later, DePaul University and Northwestern students filed separate but similar claims.

According to the complaints, the company’s terms say Respondus audibly and visually records exams, but they don’t indicate whether or not they will use facial recognition technology to capture, store and disseminate students’ biometric information.

Illinois plaintiffs are looking to represent a class of individuals who took an assessment using Respondus within the last five years before the company updated its terms. Plaintiffs are seeking damages of $1,000 for every negligent biometric privacy violation and $5,000 for every willful violation.

The Lyon Firm takes pride in representing clients nationwide in data misuse and biometric data privacy lawsuits. Call Joe Lyon for a free and confidential consultation. Join existing class action litigation or have The Lyon Firm your unique case.