CLASS ACTION COMPLAINT FILED AGAINST TAP AIR PORTUGAL FOR BIOMETRIC SCANNING

December 18, 2023

On November 9, 2023, a class action complaint was filed in Cook County, Illinois Court against Transportes Aéreos Portugueses, S.A. d/b/a TAP Air Portugal (TAP). The class action alleges that TAP, operating out of O’Hare International Airport, collected customer biometric data using facial scans without consent and in violation of the Illinois Biometric Information Privacy Act (“BIPA”). BIPA was enacted in 2008 in order to protect biometric information of Illinois citizens. The complaint alleges that these scans expose TAP’s “customers to serious and irreversible privacy risks, especially given that its customers are unaware that their biometric data is being collected in the first place.” TAP is alleged to have scanned customers prior to boarding but after TSA security screenings. The demand asks for a declaration that TAP’s conduct violates BIPA, a cease and desist of the aforementioned conduct, and the award of damages to the Plaintiffs and the proposed class.

If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Jay Julien Photo Washington, D.C.

Jay Julien

Associate - Washington, D.C.

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