Lawsuit Mercari

Mercari Lawsuit

Illinois residents are contesting the collection of biometric data by Mercari in California’s Northern District Court. Gabys Bags, LLC sued Mercari, Inc. for Illinois Biometric Information Privacy Act violations. The company was accused of violating BIPA by collecting, storing, and exploiting Illinois residents’ biometric data without consent. Mercari acquired and processed biometric data without user authorization, violating this legislation.

The case may award Illinois residents $5,000 each. Other biometric data providers learn of the alleged infringement from this large fine.

The case moved from Illinois to the Northern District of California. A court has not decided on it.

Mercari Lawsuit Details

The Mercari lawsuit, GABYS BAGS, LLC v. MERCARI, INC., holds significant meaning as it represents a legal battle over data privacy practices in the digital marketplace.

At the heart of the lawsuit is the contentious issue of biometric data collection. It’s a practice that has been increasingly scrutinized, with companies finding themselves under the microscope for how they handle sensitive user information. In this case, Mercari is alleged to have mishandled users’ biometric data, sparking this legal dispute.

Interestingly, the case also highlights the role of arbitration in resolving such disputes. Due to Mercari’s arbitration clause, attorneys are pursuing mass arbitration, a method that could significantly impact the resolution process.

Parties involved

We find GABYS BAGS, LLC, as the plaintiff and Mercari, Inc., as the defendant in this pivotal lawsuit. The dispute unfolded in the United States District Court, Middle District of Florida, Fort Myers Division, adding another layer of complexity to the situation.

GABYS BAGS, LLC, a reputable entity, pushed the boundaries by stepping onto the legal battlefield against Mercari, Inc. This clash of titans isn’t just a random feud; it’s a class action lawsuit that has caught the attention of many, thanks to its relevance to biometric data and privacy—two aspects that are increasingly gaining prominence in our digital world.

Mercari, Inc., on the other hand, isn’t a small fry either. Known for its strong online presence, the company is now defending its stance in court, creating a ripple effect that extends far beyond the confines of the courtroom. The case number, 2:19-cv-785-FtM-38MRM, is now etched in the annals of legal history, symbolizing a battle that could very well shape the future of privacy and biometric data handling.

The cause of action

Mercari is accused of violating data privacy laws by allegedly collecting biometric data from its users without proper authorization, which is at the heart of this legal showdown. This alleged unauthorized collection has caused quite a controversy and is the central cause of action in this lawsuit.

The case gains more gravity as it falls under the Illinois Biometric Information Privacy Act. This Act is rigorous, requiring companies to obtain explicit consent before collecting, storing, or using users’ biometric data. It’s designed to safeguard residents of Illinois from exactly this kind of unauthorized data collection.

I must note that individual claims will be determined through arbitration, with users starting the claim process by signing an attorney-client agreement and providing necessary information. Although it’s too early to predict the outcome, potential compensation for affected Illinois residents could be up to $5,000 per violation. Thus, the stakes are undeniably high for Mercari.

Relief being sought

Given the serious nature of these allegations, those affected are seeking relief in the form of compensation for Mercari’s alleged violation of data privacy laws. Specifically, the company is accused of unauthorized collection of biometric data, a violation of the Biometric Information Privacy Act (BIPA).

The method for pursuing this relief is a mass arbitration process. This isn’t your typical lawsuit, but a group effort to hold the company accountable for these alleged infringements. The participants in this lawsuit are primarily Illinois residents, as the state’s laws provide a strong framework for protecting personal data.

The compensation being sought is substantial. In fact, eligible Illinois residents affected by this case may be eligible for up to $5,000 per violation. This means that for each instance where Mercari allegedly collected biometric data without consent, a resident could potentially receive this significant sum.

Key events and timeline

The timeline begins when users upload a photo ID and selfie for verification. Under Illinois law, these actions may have unknowingly provided Mercari with access to their biometric data. Attorneys speculate that this data was then unlawfully stored and collected, leading to potential violations of the Biometric Information Privacy Act (BIPA).

Illinois residents who had Mercari accounts were subsequently urged to take action against the company. The proposed compensation for these privacy violations could amount to up to $5,000 per person. To join the action, residents had to fill out a secure form, potentially opening the door to recovering compensation for these alleged violations.

Lawsuit Mercari

Key arguments

The key arguments in the lawsuit can be outlined as follows:

  1. Mercari is accused of violating the Biometric Information Privacy Act (BIPA) in Illinois, which strictly regulates the collection, storage, and use of biometric data.
  2. Illinois residents affected by these violations may be eligible for compensation. According to BIPA, they could claim up to $5,000 per violation.
  3. The lawsuit isn’t going to court due to Mercari’s terms of service, which mandate dispute resolution through arbitration.
  4. Therefore, affected individuals are enrolling in mass arbitration to seek their compensation.

Current status

As of now, the Mercari lawsuit involving Illinois residents is still underway, with a claim deadline set for July 31, 2022. Eligible Mercari users in Illinois who are concerned about biometric privacy violations should consider participating in the arbitration claim process. It’s free to start and takes less than two minutes to begin the claim.

A law firm known for its work in consumer protection and recovering billions for clients is supporting the lawsuit, Labaton Sucharow. They’re fighting for compensation of up to $5,000 per user. This figure is, however, not guaranteed, as it depends on the outcome of the lawsuit and the number of claims filed.

The crux of the lawsuit revolves around alleged privacy violations by Mercari. It’s a matter of biometric data, which Mercari is believed to have mishandled, violating Illinois’ biometric privacy laws. It’s a serious issue that has brought consumer protection to the forefront.


  1. Violation of Privacy: If Mercari is found guilty of violating the Biometric Information Privacy Act (BIPA), it means that the privacy of users who submitted their IDs and selfies has been infringed upon.
  2. Compensation: Affected Illinois residents may be eligible for compensation. Depending on their specific situation and applicable state laws, they could receive anywhere from $750 to $5,000.
  3. Supreme Court Involvement: If this case escalates and reaches the Supreme Court, it could potentially set a precedent for future cases involving similar privacy issues. This could influence how companies handle biometric data in the future.
  4. Contingency Fee Basis: With attorneys handling the case on a contingency fee basis, participants won’t have to shell out upfront legal fees. They’ll only pay a percentage of their award if they win the claim.

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