This case was last updated from U.S. District Courts on 12/28/2021 at 09:04:35 (UTC).

Mayhall v. Amazon Web Services Inc et al

Case Summary

On October 29, 2021, Ann Mayhal (“Plaintiff”), on behalf of her Minor Child, D.M., individually and on behalf of all others similarly situated, represented by Cecily Jordan and Jason T Dennett of Tousley Brain Stephens filed a personal injury lawsuit against Amazon Web Services, Inc. (“AWS”) and Amazon.com, Inc. (“Amazon”) (collectively, “Defendants”). Plaintiff seeks injunctive relief and statutory damages together with disgorgement of profits for the Defendants’ alleged negligent violation of BIPA. This case was filed in U.S. District Court in the Western District of Washington with Judge John C. Coughenour presiding

 

In its complaint, the Plaintiff alleged that, “This claim involves Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), a law that regulates companies that possess, collect, obtain, use, store, profit from, or disseminate, Illinois citizens’ biometric data, such as fingerprints, scans of face geometry, and voiceprints, and information derived therefrom.”

 

The Plaintiff further alleged that, “AWS and/or Amazon possess, collect, capture, purchase, receive through trade, or otherwise obtain these biometric identifiers and/or biometric information, yet over the past five years, AWS and/or Amazon have violated Plaintiff and the Class Members’ rights under BIPA on numerous occasions by, inter alia:  not properly informing Plaintiff and Class Members in writing that AWS/Amazon was collecting or storing their biometric identifiers and/or biometric information as required by 740 ILCS 14/15(b)(1); not informing Plaintiff and Class Members in writing of the specific purpose and length of term for which her biometric identifiers and/or biometric information was being collected, stored, and used as required by 740 ILCS 14/15(b)(2); Defendants have also been unjustly enriched at the expense of Plaintiff and the Class.”

 

Plaintiff further alleged that, “Defendants are familiar with BIPA, as they purport to make BIPA disclosures on their websites related to other of their products and services. For example, AWS’s current terms of service include a BIPA § 15(a) retention/destruction policy; however, the policy is limited only to callers using Amazon Connect Voice ID in Illinois whose biometric identifiers or biometric information is collected by AWS from companies using AWS as a service

provider for voice verification services. This retention/destruction policy is inapplicable to  Face Geometries collected in relation to NBA 2K Games. AWS has no similar publicly- disclosed policy for biometric data that is in its possession from its numerous gaming-company clients.”

 

The Plaintiff has laid down eight claims for relief, the first claim alleged is for AWS’ Violations of the Biometric Information Privacy Act, 740 ILCS 14/15(a); the second claim alleged is for AWS’ Violations of the Biometric Information Privacy Act, 740 ILCS 14/15(b); the third claim alleged is for AWS’ Violations of the Biometric Information Privacy Act, 740 ILCS 14/15(c); the fourth claim alleged is for AWS’ Violations of the Biometric Information Privacy Act, 740 ILCS 14/15(d); the fifth claim alleged is for Amazon’s Violations of the Biometric Information Privacy Act, 740 ILCS 14/15(a); the sixth claim alleged is for Amazon’s Violations of the Biometric Information Privacy Act, 740 ILCS 14/15(b); the seventh claim alleged is for Amazon’s Violations of the Biometric Information Privacy Act, 740 ILCS 14/15(c); the eight claim alleged is for Amazon’s Violations of the Biometric Information Privacy Act, 740 ILCS 14/15(d); and the last claim alleged is for Unjust Enrichment. 

 

In its prayer for relief, the Plaintiff requested the Court to certify this action as a class action, award statutory damages for alleged violation of BIPA and ILCS, enjoin Defendants from collecting such data and disgorging the profits from AWS’ and Amazon’s unjust enrichment together with prejudgment and post-judgment interest and costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01473

  • Filing Date:

    10/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judges

John C. Coughenour

Tana Lin

 

Party Details

Plaintiff

Ann Mayhall

Defendants

Amazon Web Services Inc

Amazon.com Inc

Attorney/Law Firm Details

Plaintiff Attorneys

Cecily Jordan

Attorney at TOUSLEY BRAIN STEPHENS

1200 Fifth Ave Ste 1700

Seattle, WA 98101

Jason T Dennett

Attorney at TOUSLEY BRAIN STEPHENS

1200 Fifth Ave Ste 1700

Seattle, WA 98101

Christian G Montroy

Attorney at MONTROY LAW OFFICES LLC

2416 North Centerpo Box 369

Maryville, IL 62062

Kevin P Green

Attorney at GOLDENBERG HELLER & ANTOGNOLI PC

2227 S State Route 157

Edwardsville, IL 62025

Thomas C Horscroft

Attorney at GOLDENBERG HELLER & ANTOGNOLI PC

2227 South State Route 157

Edwardsville, IL 62025

Thomas P Rosenfeld

Attorney at GOLDENBERG HELLER & ANTOGNOLI PC

2227 S State Route 157

Edwardsville, IL 62025

Defendant Attorney

Brian D Buckley

Attorney at FENWICK & WEST (WA)

1191 Second Ave10Th Floor

Seattle, WA 98101

 

Court Documents

#17

(#17) STIPULATED SCHEDULING ORDER re Parties' #15 Stipulation and Proposed Order Regarding Scheduling. On or before 1/7/2022, Amazon must answer or otherwise respond to the Complaint. If Amazon files a motion to dismiss the Complaint, Plaintiff must respond to the motion or filed an amended complaint on or before 2/16/2022. If Plaintiff responds to the motion, Amazon must file its reply in support of the motion on or before 3/9/2022. Signed by U.S. District Judge John C. Coughenour. (SR) (Entered: 12/07/2021)

#15

(#15) STIPULATION AND PROPOSED ORDER Regarding Schedule by parties (Buckley, Brian) (Entered: 12/06/2021)

#14

(#14) NOTICE of Appearance by attorney Brian D Buckley on behalf of Defendants Amazon Web Services Inc, Amazon.com Inc. (Buckley, Brian) (Entered: 12/06/2021)

#9

(#9) APPLICATION OF ATTORNEY Thomas Paul Rosenfeld FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ann Mayhall (Fee Paid) Receipt No. AWAWDC-7330355 (Dennett, Jason) (Entered: 11/11/2021)

#8

(#8) APPLICATION OF ATTORNEY Thomas Christopher Horscroft FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ann Mayhall (Fee Paid) Receipt No. AWAWDC-7330350 (Dennett, Jason) (Entered: 11/11/2021)

#7

(#7) APPLICATION OF ATTORNEY Kevin Paul Green FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ann Mayhall (Fee Paid) Receipt No. AWAWDC-7330347 (Dennett, Jason) (Entered: 11/11/2021)

#6

(#6) APPLICATION OF ATTORNEY Christian Gerhard Montroy FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ann Mayhall (Fee Paid) Receipt No. AWAWDC-7330344 (Dennett, Jason) (Entered: 11/11/2021)

#5

(#5) AFFIDAVIT of Service of Summons and Complaint on Amazon.com on 11/4/2021, filed by Plaintiff Ann Mayhall. (Dennett, Jason) (Entered: 11/05/2021)

#4

(#4) AFFIDAVIT of Service of Summons and Complaint on Amazon Wed Services Inc on 11/4/2021, filed by Plaintiff Ann Mayhall. (Dennett, Jason) (Entered: 11/05/2021)

#3

(#3) ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (GT) (Entered: 11/02/2021)

2 #1

Summons

2 #2

Main Document

1 #3

Summons

1 #2

Summons

1 #1

Civil Cover Sheet

1 #1

Main Document

6 More Documents Available
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Docket Entries

  • 12/13/2021
  • DocketCase Reassigned to Judge Tana Lin. U.S. District Judge John C. Coughenour no longer assigned to the case. (GT) (Entered: 12/13/2021)

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  • 12/07/2021
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  • Docket(#17) STIPULATED SCHEDULING ORDER re Parties' #15 Stipulation and Proposed Order Regarding Scheduling. On or before 1/7/2022, Amazon must answer or otherwise respond to the Complaint. If Amazon files a motion to dismiss the Complaint, Plaintiff must respond to the motion or filed an amended complaint on or before 2/16/2022. If Plaintiff responds to the motion, Amazon must file its reply in support of the motion on or before 3/9/2022. Signed by U.S. District Judge John C. Coughenour. (SR) (Entered: 12/07/2021)

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  • 12/07/2021
  • Docket(#16) MINUTE ENTRY SETTING INITIAL CASE MANAGEMENT DATES All counsel and any pro se parties are directed to meet and confer and to provide the Court with a combined Joint Status Report (the Report) by the deadline set below. This meet-and-confer must be a face-to-face meeting or a telephonic conference. If the parties are unable to agree on any part of the Report, they may answer in separate paragraphs; no separate reports are to be filed. The Report must contain the following information: 1. An estimate of the number of days needed for trial; 2. The date by which the case will be ready for trial; and 3. Whether the parties intend to mediate per LCR 39.1 and, if so, when the parties expect to complete mediation.The deadlines below may be extended only by court order. Any request for extension of these deadlines should be made by email to Courtroom Deputy Clerk Gabriel Traber at gabriel_traber@wawd.uscourts.gov. The parties who have appeared in this matter must meet and confer before contacting the Court to request an extension. If this case involves claims that are exempt from the requirements of FRCP 26(a) and 26(f), please notify the Courtroom Deputy Clerk. Please note: Initial Disclosures are not to be filed. FRCP 26(f) Conference Deadline is 3/11/2022, Initial Disclosure Deadline is 3/18/2022, Joint Status Report due by 3/25/2022. (GT) (Entered: 12/07/2021)

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  • 12/06/2021
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  • Docket(#15) STIPULATION AND PROPOSED ORDER Regarding Schedule by parties (Buckley, Brian) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#14) NOTICE of Appearance by attorney Brian D Buckley on behalf of Defendants Amazon Web Services Inc, Amazon.com Inc. (Buckley, Brian) (Entered: 12/06/2021)

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  • 11/23/2021
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  • Docket(#13) ORDER re #8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Thomas C Horscroft for Plaintiff Ann Mayhall, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 11/23/2021)

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  • 11/12/2021
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  • Docket(#12) ORDER re #6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Christian G Montroy for plaintiff Ann Mayhall, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 11/12/2021)

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  • 11/12/2021
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  • Docket(#11) ORDER re #9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Thomas P Rosenfeld for plaintiff Ann Mayhall, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 11/12/2021)

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  • 11/12/2021
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  • Docket(#10) ORDER re #7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kevin P Green for plaintiff Ann Mayhall, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 11/12/2021)

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  • 11/11/2021
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  • Docket(#9) APPLICATION OF ATTORNEY Thomas Paul Rosenfeld FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ann Mayhall (Fee Paid) Receipt No. AWAWDC-7330355 (Dennett, Jason) (Entered: 11/11/2021)

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  • 11/11/2021
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  • Docket(#8) APPLICATION OF ATTORNEY Thomas Christopher Horscroft FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ann Mayhall (Fee Paid) Receipt No. AWAWDC-7330350 (Dennett, Jason) (Entered: 11/11/2021)

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  • 11/11/2021
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  • Docket(#7) APPLICATION OF ATTORNEY Kevin Paul Green FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ann Mayhall (Fee Paid) Receipt No. AWAWDC-7330347 (Dennett, Jason) (Entered: 11/11/2021)

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  • 11/11/2021
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  • Docket(#6) APPLICATION OF ATTORNEY Christian Gerhard Montroy FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ann Mayhall (Fee Paid) Receipt No. AWAWDC-7330344 (Dennett, Jason) (Entered: 11/11/2021)

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  • 11/05/2021
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  • Docket(#5) AFFIDAVIT of Service of Summons and Complaint on Amazon.com on 11/4/2021, filed by Plaintiff Ann Mayhall. (Dennett, Jason) (Entered: 11/05/2021)

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  • 11/05/2021
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  • Docket(#4) AFFIDAVIT of Service of Summons and Complaint on Amazon Wed Services Inc on 11/4/2021, filed by Plaintiff Ann Mayhall. (Dennett, Jason) (Entered: 11/05/2021)

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  • 11/02/2021
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  • Docket(#3) ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (GT) (Entered: 11/02/2021)

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  • 11/01/2021
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  • Docket(#2) Summons(es) Electronically Issued as to defendant(s) Amazon Web Services Inc, Amazon.com Inc. (Attachments: #1 Summons)(RE) (Entered: 11/01/2021)

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  • 11/01/2021
  • DocketU.S. District Judge John C. Coughenour added. (RE) (Entered: 11/01/2021)

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  • 10/29/2021
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  • Docket(#1) COMPLAINT against All Defendants with JURY DEMAND (Receipt # AWAWDC-7312982), filed by Ann Mayhall. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Dennett, Jason) (Entered: 10/29/2021)

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