A federal judge has has denied a motion to dismiss a civil case against photo-sharing site Shutterfly that claims the company violated users’ privacy by collecting and scanning face geometries from uploaded images without consent.

The first of its kind ruling could open the door to future class-action lawsuits against Shutterfly and other social networks that use facial recognition technology without an opt-in policy.

The civil lawsuit, brought by the law firm Carey Rodriguez Milian Gonya LLP on behalf of Brian Norberg, alleges that Shutterfly violated the Illinois Biometric Privacy Act (BIPA) by collecting and scanning face geometry in photos uploaded on Shutterfly’s website without the consent of those featured in the images.

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