Anthropic Faces Class Action for Alleged Illinois Biometric Privacy Act Breach
A class action alleges Anthropic's chatbot violated Illinois Biometric Information Privacy Act by collecting biometric data without consent.
Why it matters: AI companies increasingly face legal challenges around biometric data collection under Illinois BIPA. Compliance risks affect vendor management and privacy policies in legal tech and corporate sectors.
- Lawsuit filed September 30, 2026, in San Francisco County Superior Court by Chicago resident Jose Enrique Ortiz Colon.
- Anthropic’s chatbot Claude collects government-issued ID and live facial images for identity verification.
- The suit alleges Anthropic violated the Illinois Biometric Information Privacy Act by failing to provide written disclosures and obtain written consent before biometric data collection.
- Previous BIPA cases include a $47.5 million settlement with Motorola Solutions and multimillion-dollar settlements with HireVue and Aura Frames.
On September 30, 2026, Jose Enrique Ortiz Colon, a Chicago resident, filed a class action complaint against Anthropic in the San Francisco County Superior Court, alleging violations of the Illinois Biometric Information Privacy Act (BIPA).
The lawsuit asserts that Anthropic’s AI chatbot, Claude, requires users to submit a government-issued photo ID and a live facial scan for identity verification purposes. According to the complaint, Anthropic did not provide the required written disclosures detailing how biometric data would be collected, stored, or used, nor did it obtain written consent from users beforehand, both obligations mandated by BIPA.
Enacted in 2008, BIPA mandates that companies collecting biometric information—such as fingerprints, retina scans, and facial recognition data—must first inform individuals in writing about their data practices and secure written consent before any biometric data collection. It also limits data retention and sharing, enhancing individuals’ control over sensitive biometric identifiers.
Failure to comply with BIPA exposes companies to significant litigation risks. For instance, Motorola Solutions settled a class action lawsuit for $47.5 million after similar biometric privacy allegations, while HireVue and Aura Frames reached settlements of $3.75 million and $1.9 million respectively. Such cases demonstrate potential financial penalties and reputational impacts for companies handling biometric data without strict compliance.
The Anthropic lawsuit highlights increasing legal scrutiny on AI companies’ biometric data practices. This case may set precedents affecting how AI developers manage consent, transparency, and data security. Legal professionals advising corporate clients or managing vendor relationships should closely monitor developments, as noncompliance risks could translate to heightened due diligence and contract requirements in the AI sector.
By the numbers:
- 30 September 2026 — Date class action filed versus Anthropic in SF Superior Court
- $47.5 million — Settlement in Motorola Solutions BIPA class action lawsuit
- Over $5.5 million — Combined settlements in BIPA cases like HireVue and Aura Frames
What's next: The San Francisco County Superior Court will schedule initial hearings to determine class certification and potential motions to dismiss, anticipated in late 2026.