Hogan v. Amazon.com, Inc. (originally B.H. v. Amazon.com, Inc.), 1:21-cv-03169 (N.D. Ill.)

Summary

This putative class action alleges that Amazon violated the Illinois Biometric Information Privacy Act by scanning the face geometry of people in photos uploaded to Amazon Photos without informed written consent, and using the data to improve its Rekognition facial recognition software. It began as B.H. v. Amazon.com in Cook County and was removed to the Northern District of Illinois on June 11, 2021. A parallel Washington suit by Angela Hogan was dismissed and folded into this case through an amended complaint covering account holders and non-account holders. In March 2022 the court dismissed part of the case and sent some claims back to state court. Plaintiffs moved for class certification on March 22, 2024, and summary judgment motions followed. In August 2026 both sides were still filing supplemental authority on class certification, which Amazon opposes. There has been no settlement, and the claims are unproven allegations.

Key dates

1. June 11, 2021Filed
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. On March 22, 2024, the Plaintiffs moved for class certification pursuant to Federal Rule of Civil Procedure 23.

   Supports: Class certification motion

   using the biometric data obtained through such scans to train and improve its Rekognition facial recognition software

   Supports: Allegation

   Amazon Photos Facial Recognition Litigation Keller Rohrback (plaintiffs' co-lead counsel) Reporting or analysis

2. the other class action, B.H. v. Amazon.com, Inc., No. 2021-CH-02330, was filed in the Circuit Court of Cook County, Illinois

   Supports: Origin of the case

   Plaintiff Angela Hogan voluntarily dismissed her action in the United States District Court for the Western District of Washington, and the Complaint in the present case was amended to consolidate the two actions

   Supports: Consolidation

   Case Management Order No. 1 (Dkt. 62), filed 19 April 2022 U.S. District Court, N.D. Ill. (copy hosted by Keller Rohrback) Primary source

3. four reasons. Class certification should be denied here.

   Supports: Class certification still pending, August 2026

   and through his guardian ad litem, Angela Hon. John J. Tharp, Jr., U.S.D.J.

   Supports: Current judge (caption; docket 1:21-cv-03169 in the page header)

   Defendant's Response to Plaintiffs' Notice of Supplemental Authority (Dkt. 283), filed 24 August 2026 U.S. District Court, N.D. Ill. (RECAP copy via CourtListener) Primary source