Apple is facing a $32.5 billion class-action lawsuit over how the iPhone Photos app handles facial recognition data collected from users’ photo libraries without their knowledge.
The lawsuit, filed in Illinois, centers on a specific and largely overlooked feature inside the Photos app.
According to the complaint, Apple scans every face that appears in a user’s photo library, builds a numerical profile for each person, and stores that data on the device. That data also syncs to iCloud across multiple Apple devices.
Apple has argued its system does not create traditional biometric identifiers because the mathematical values used to group photos cannot reconstruct a face and are not tied to a person’s name.
An Illinois judge rejected that argument in June, ruling the case qualified for class-action status. The U.S. Court of Appeals for the Seventh Circuit upheld that decision on June 30, denying Apple’s appeal.
The case covers approximately 6.5 million Illinois residents. At the penalty rates outlined under state law, the total exposure reaches $32.5 billion if Apple loses at trial.
What Illinois Law Requires
The legal foundation is the Illinois Biometric Information Privacy Act, which has been on the books since 2008.
The law requires companies to obtain explicit consent before collecting biometric data, store it securely, and delete it within a defined timeframe. Faceprints fall under its definition of protected identifiers, alongside fingerprints, iris scans, and voiceprints.
Violations carry a $1,000 fine per incident. If a court determines the conduct was intentional or reckless, that figure rises to $5,000 per violation. With millions of users affected, those per-person amounts compound quickly.
The same law has been used against other technology companies with similar facial recognition features.
Facebook settled a related Illinois lawsuit in 2021 for $650 million after its photo tagging system was found to have scanned users’ faces without proper consent.
Apple’s situation differs slightly in that the face data stays on-device rather than being used for advertising or social features. Whether that distinction is enough to satisfy Illinois courts remains the central question the case will eventually answer.
For iPhone owners in Illinois, the lawsuit moves forward regardless of Apple’s objections. The appeals court’s refusal to block the class-action certification means the case will proceed toward either a trial or a settlement negotiation.
