Mag Mile Law was successful in obtaining an order dismissing a putative class action lawsuit filed against its client, a designer of a web application, under the Biometric Information Privacy Act (“BIPA”). Mag Mile Law successfully argued that its client, a foreign corporation with no presence in Illinois, was not subject to the personal jurisdiction of the courts in Illinois. The court agreed with Mag Mile Law’s analysis of relevant personal jurisdiction law, finding that all the plaintiff had alleged were contacts with he and Illinois, but not contacts between Mag Mile Law’s client and Illinois. The court specifically noted that the only connection between Mag Mile Law’s client and Illinois was the named the plaintiff – who voluntarily chose to download the app and use it in Illinois. According to the court, this attenuated contact was not enough for the court to exercise specific personal jurisdiction over Mag Mile Law’s client in Illinois.

The decision can be found at 2022 U.S. Dist. LEXIS 14831 or 2022 WL 252704.

If you need assistance with a case under the Biometric Information Privacy Act, contact our experienced attorneys at (708) 576-1624 or [email protected].