A federal judge has dismissed a proposed class action lawsuit alleging Hyundai unlawfully collected biometric data through its driver-monitoring Forward Attention Warning system, citing a lack of evidence the automaker obtained any biometric identifiers.
The lawsuit, filed by Illinois vehicle owner Kathleen deGrasse, claimed Hyundai violated the Illinois Biometric Information Privacy Act (BIPA) by using an infrared camera in her 2024 Hyundai Santa Fe to collect and store facial data without her written consent. The system is designed to detect driver inattentiveness by monitoring eye position and issuing a visual warning when needed.
According to the complaint, deGrasse discovered the system’s camera functionality when she blocked it and the vehicle displayed a warning that the system was no longer operational. She also alleged that disabling the Forward Attention Warning feature resulted in the deactivation of cruise control.
The suit further claimed that information from the monitoring system could be retrieved from the vehicle’s onboard computer or potentially transmitted through Hyundai’s BlueLink telematics platform. However, Hyundai countered that deGrasse’s vehicle is not equipped with the BlueLink system.
Hyundai moved to dismiss the case, arguing the plaintiff failed to show the company "captured, collected, or otherwise obtained" biometric data as defined under BIPA. The automaker also asserted that the Forward Attention Warning system does not gather information that qualifies as a "biometric identifier" under the law.
U.S. District Judge Matthew Kennelly agreed, stating the complaint lacked plausible allegations that Hyundai acquired or accessed biometric data through the system.
"Indeed, the complaint, even read liberally, does not plausibly allege that Hyundai has ever actually obtained the information that deGrasse contends amounts to biometric identifiers or information," Kennelly wrote. "And it is relatively obvious that an entity cannot disseminate something it has not even obtained."
The court also noted that Hyundai’s privacy policy, cited in the complaint, did not mention data from the Forward Attention Warning system.
The lawsuit was filed in the U.S. District Court for the Northern District of Illinois (Eastern Division) as Kathleen M. deGrasse v. Hyundai Motor America.
