After its acquisition of Magisto, Vimeo was sued by the state of Illinois in September 2019 for violations of the state's Biometric Information Privacy Act (BIPA). The class-action suit alleged that Vimeo, via Magisto's software, had automatically scanned and tracked specific individuals in the videos uploaded through the service, identifying their gender, age, and race, without prior consent as required by BIPA. Vimeo asserted that the technology only used machine learning to identify areas in videos that equated to human faces, and that "Determining whether an area represents a human face or a volleyball does not equate to 'facial recognition'." Vimeo also affirmed that they, via Magisto, "neither collects nor retains any facial information capable of recognizing an individual". Currently, the case remains pending in federal district court after Vimeo lost a bid to attempt to settle the suit.