Virtual Reality Investigation

Turke & Strauss LLP is currently investigating several virtual reality (“VR”) companies, including Tobii Dynavox, Vuzix, Emerge, and Merge Labs. We believe these VR companies are engaged in illegal data collection through their VR devices.

Many VR devices monitor and capture personal facial geometry, eye composition, and use camera and microphone recordings of consumer speech. VR companies must follow certain privacy laws when capturing, sharing, and storing such data. However, the VR companies that we are investigating may be illegally capturing private consumers’ data, including biometric data, when consumers use their VR headsets and glasses. We are also investigating whether that illegally captured and private biometric data is being shared with undisclosed third parties.

Potential Violation of Illinois Law

The Biometric Information Privacy Act, or BIPA, is an Illinois law designed to protect individuals against the threat of irreparable privacy harms, identity theft, and other economic injuries arising from the increasing use and capture of biometric identifiers, such as iris scans, fingerprints, and voiceprints. It aims to stop companies from illegally profiting from possession of these biometric identifiers and information from unsuspecting individuals.

Biometric identifiers and information are unlike other unique identifiers because they are biologically unique to the individual and cannot be changed. For example, a person cannot change their fingerprint or eye composition. Once compromised, the individual has no recourse. BIPA protects public welfare, security, and safety by regulating the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and information.

If you have used VR devices from any of these companies, we would like to speak with you.

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