— A Subaru DriverFocus lawsuit alleges the automaker illegally collects biometric data as the driver monitoring system tracks the driver's face and eyes to ensure the driver is alert and focused on the road.
The Subaru driver monitoring system lawsuit was filed for all former and current Illinois owners of these vehicles equipped with DriverFocus Distraction Mitigation Systems.
- 2019-2022 Subaru Forester Touring
- 2020-2022 Subaru Outback Limited, Touring, Touring XT and Limited XT
- 2020-2022 Subaru Legacy Limited, Limited XT and Touring XT
According to the class action lawsuit, DriverFocus comes standard on Subaru Outback Touring, Touring XT, Limited XT, Forester Touring, Legacy Limited XT and Touring XT vehicles, and is an available option on Outback Limited and Legacy Limited vehicles.
According to Subaru, the "DriverFocus Distraction Mitigation System uses a dedicated near-infrared camera and facial recognition technology to identify signs of driver fatigue or distraction and provides audio and visual warnings to alert the driver and passengers."
The Subaru DriverFocus lawsuit alleges Subaru scans, captures and tracks biometric identifiers and/or biometric information on every driver, including scanning the driver's eyes and face geometry. The plaintiff who sued alleges the system is based on facial recognition technology that Subaru patented.
The Subaru DriverFocus lawsuit also alleges when a driver starts the vehicle, the monitoring system automatically scans the face of the driver to detect the driver's biometrics and calculate a "unique digital map of the driver's face based on various attributes of the driver's face."
Subaru DriverFocus Lawsuit: Illinois BIPA
According to the DriverFocus class action lawsuit, Subaru is violating the Illinois Biometric Information Privacy Act (BIPA) by collecting data on drivers.
Illinois plaintiff Renee Giron says she purchased a 2020 Subaru Outback equipped with the DriverFocus driver monitoring system. But she says each time she started her vehicle Subaru collected and stored her unique biometric identifiers or biometric information without her consent.
This allegedly violated the Illinois Biometric Information Privacy Act (BIPA).
"Plaintiff has suffered and continues to suffer an injury-in-fact based on Subaru's violations of her legal rights. Subaru intentionally interfered with Plaintiff's ability and right to possess and control her own sensitive and immutable biometrics. Subaru had no lawful right to collect, capture, use or store her biometrics without her consent." — Subaru driver monitoring system lawsuit
The Subaru DriverFocus class action lawsuit alleges the automaker continues to collect biometric identifiers and biometric information from Illinois Subaru vehicle owners without written releases.
The Subaru DriverFocus class action lawsuit was filed in the Circuit Court of Cook County, Chicago Illinois: Renee Giron, v. Subaru of America, Inc.
The plaintiff is represented by Cafferty Clobes Meriwether & Sprengel.