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Sosa v. Onfido, Inc., No. 21-1107 (7th Cir. 2021)

Summary

Justia's page on Sosa v. Onfido, Inc., No. 21-1107, dated August 11, 2021, summarizes the Seventh Circuit's opinion. Fredy Sosa verified his identity with OfferUp using Onfido's technology (the TruYou feature), uploading photos of his driver's license and face, and alleges Onfido extracted his biometric identifiers without consent; he brought class claims under the Illinois Biometric Information Privacy Act. Onfido moved to stay and compel individual arbitration under OfferUp's Terms of Service, and the district court denied the motion. The Seventh Circuit affirmed: under Illinois law Onfido was not a third-party beneficiary of the Terms of Service and could not enforce the arbitration provision as OfferUp's agent or on equitable-estoppel grounds.

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Cited in: Husayn Kassai

Cite this document

“Sosa v. Onfido, Inc., No. 21-1107 (7th Cir. 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sosa-v-onfido-seventh-circuit-arbitration-denied-aug-11-2021-justia-c6024edf0c/, SHA-256 6660b44bad4b169d8eaa294f73954baa220b72112cca07c751c469cea2f110b2.

Full text

Sosa v. Onfido, Inc., No. 21-1107 (7th Cir. 2021) :: Justia
Full Name: Fredy Sosa v. Onfido, Inc. | Docket: 21-1107 | Date: August 11, 2021
Justia Opinion Summary: Onfido provides biometric identification software incorporated into customers' products and mobile apps for verifying users' identities. Onfido partnered with OfferUp to verify users' identities. Sosa verified his identity with OfferUp using Onfido's technology (the TruYou feature), uploading a photo of his driver's license and of his face. Sosa alleges Onfido then used biometric identification technology without his consent to extract his biometric identifiers and compare the two photographs. Sosa brought class-action claims under the Illinois Biometric Information Privacy Act. Onfido moved to stay and compel individual arbitration based on OfferUp's Terms of Service arbitration provision. The district court rejected each of Onfido's nonparty contract-enforcement theories and denied the motion. The Seventh Circuit AFFIRMED: Onfido failed to establish an outcome-determinative difference between Illinois and Washington law; under Illinois law Onfido was not a third-party beneficiary of the Terms of Service and could not enforce the arbitration provision as OfferUp's agent or on equitable-estoppel grounds. (Opinion PDF available on page.)

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