It seems like Facebook will not be catching a break any time soon, what with Mark Zuckerberg being questioned by the Congress in U.S. over illegal and immoral collection of users data, and now this lawsuit against its facial recognition software. Any time you post a picture on Facebook, it suggests a tagging option by using facial recognition to identify your friends. The feature is, however, illegal for the state of Illinois in United States. Collecting biometric data without a user’s consent is illegal according to Illinois’ state laws.

The US District Judge James Donato ruled to certify the case on Monday and stated, “Facebook seems to believe… statutory damages could amount to billions of dollars.” The case could compensate users in Illinois who posted pictures on Facebook since June 7, 2011 as the site used its facial recognition software on them. Facebook intends to fight the case strongly as it has no apparent merit.