Illinois residents whose faces were processed in photos uploaded to their own Amazon Photos accounts with image recognition turned on between October 18, 2016 and January 31, 2023 are now members of a certified class in a biometric privacy lawsuit against Amazon. There is no settlement or claim form; the court will next decide how class members are notified.
What Happened?
U.S. District Judge John J. Tharp Jr. of the Northern District of Illinois certified a class of Illinois Amazon Photos users on November 10, 2026, in Hogan v. Amazon.com, Inc., a lawsuit under the Illinois Biometric Information Privacy Act (BIPA), according to Law360, ID Tech and Biometric Update. The plaintiffs allege that Amazon Photos’ image recognition feature scanned users’ faces without the notice and written release BIPA requires.Class certification lets the case go forward on behalf of the whole group. It is not a finding that Amazon broke the law, and Amazon has not been found liable. The case has been pending for more than five years.
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Who Is in the Class?
The certified class covers Illinois residents whose faces appear in at least one photo uploaded, in Illinois, to their own Amazon Photos account while image recognition was enabled, from October 18, 2016 through January 31, 2023, as described by ID Tech. January 31, 2023 is when Amazon turned off the feature for Illinois residents because of the lawsuit, according to that report. Amazon identified 339,847 Illinois-linked accounts that had image recognition enabled during the period, though not every account holder will necessarily qualify.The judge declined to certify a second class of people who do not use Amazon Photos but whose faces appear in photos other people uploaded, calling them an amorphous and nearly unidentifiable group because Amazon does not identify who appears in stored photos.
Why the Judge Certified the Class
The common questions include whether face data counts as a biometric identifier or biometric information under BIPA, whether Amazon gave the required notice and whether it obtained a written release. The court found that Illinois users could turn on image recognition without seeing Amazon’s “Notice to Illinois Residents,” and that Amazon’s terms did not use terms such as “biometric identifier,” “biometric information” or “facial recognition.” Amazon argued that consent is an individual question; the judge disagreed, while agreeing that whether each photo was uploaded in Illinois will have to be shown person by person.What Is at Stake?
BIPA allows statutory damages of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation. Amazon has not been found liable, and any recovery would come only from a later judgment or settlement approved by the court.What Happens Next?
The parties are due at a December 1, 2026 status hearing to set a schedule for notifying class members, and notice must go out before the court rules on pending summary judgment motions, according to ID Tech. Class members will then have a chance to opt out. There is no claim form or deadline now. Amazon may also ask the U.S. Court of Appeals for the Seventh Circuit for permission to appeal the certification ruling.Questions
Who is in the Amazon Photos class action?
Illinois residents whose faces were processed in photos uploaded to their own Amazon Photos accounts while image recognition was enabled, from October 18, 2016 through January 31, 2023. A proposed class of non-users whose faces appear in others’ photos was not certified.
Is there an Amazon Photos settlement?
No. The court certified a class on November 10, 2026, which lets the case proceed for the group. There is no settlement, claim form or deadline. Class members will be notified under a schedule the court sets.
How much money is at stake in the Amazon Photos BIPA case?
The Illinois Biometric Information Privacy Act allows $1,000 per negligent violation and $5,000 per intentional or reckless violation. Amazon has not been found liable.
What is the Amazon Photos case called?
Hogan v. Amazon.com, Inc., in the U.S. District Court for the Northern District of Illinois, before U.S. District Judge John J. Tharp Jr.
Sources
- Law360: Amazon Photos users get class cert in Illinois BIPA suit (Nov. 10, 2026)
- ID Tech: Judge certifies Amazon Photos BIPA class, rejects non-user class (Nov. 12, 2026)
- Biometric Update: Amazon Photos biometric privacy lawsuit certified as class action (Nov. 12, 2026)
- Hogan v. Amazon.com, Inc., No. 1:21-cv-03169 (N.D. Ill.)
