P&G Can't Move Smart Toothbrush BIPA Suit Out of Illinois

By Celeste Bott (May 25, 2022, 4:40 PM EDT) — An Illinois federal judge on Tuesday rejected Procter & Gamble’s bid to transfer a biometric privacy lawsuit over the facial geometry allegedly collected by its Oral-B “smart toothbrush” and accompanying app to Ohio federal court, where it’s headquartered.

P&G had argued that Illinois resident and lead plaintiff Jan Gamboa was bound by the app’s terms of service agreement and its forum selection clause, which calls for cases to be heard in the Southern District of Ohio. U.S. District Judge Joan H. Lefkow rejected that argument, saying Gamboa isn’t bound by that clause because there’s no evidence he ever registered for an account…

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