🎙️ The Liminal: When Your Face Becomes the Product — Graduation Photos, Biometrics, and the GradImages Lawsuit
In this deep dive episode of The Liminal, the studio gets a little… meta. With Chase Rigby taking the week off, his synthetic substitutes host the conversation to unpack one of the most consequential legal cases in the graduation industry: Gertner v. Commemorative Brands (GradImages). Using facial recognition to sell graduation photos may have seemed like harmless automation—but a newly certified class action lawsuit suggests otherwise.
From $49.99 JPEGs to a potential $190M liability, this episode breaks down how biometric privacy laws collide with legacy graduation photo business models, and why the industry may be heading for a fundamental reset.
📝 Topics Discussed:
How graduation photos became a flashpoint for biometric privacy
Why students feel like their memories are being “held hostage”
The mechanics of facial recognition in graduation photography workflows
What the Illinois Biometric Information Privacy Act (BIPA) actually requires
Why this lawsuit isn’t about copyright—but consent
How cloud servers, facial geometry, and email marketing intersect
The failed defenses GradImages used to fight class certification
Why selling photos can count as “profiting from biometrics”
The difference between surveillance-based matching vs user-initiated matching
How a SaaS model changes the privacy and economics of graduation photos
Why free photos may be worth more than commission checks
Equity, access, and why graduation photos shouldn’t be a luxury item
📌 Episode Highlights:
[00:00] A synthetic Chase joins the show—using AI voice tech to discuss biometric tech[01:26] The infamous email: watermarked photos and $49.99 price tags[02:11] The “190 million pound straw” that could break the graduation photo industry[02:50] Why this lawsuit isn’t about photography—it’s about what happens after[03:13] Facial recognition at scale: face maps, cloud servers, and automation[04:36] What makes BIPA the “nuclear option” of privacy laws[05:38] Section 15C: when selling photos becomes profiting from biometric data[06:19] Judge McGlynn certifies the class—500+ events, 190,000 graduates[06:47] Why moving data to another state doesn’t avoid Illinois law[07:19] The bizarre credibility attack involving a meme—and why it failed[08:39] Why the old model is now “legally radioactive”[09:14] What a compliant, user-initiated photo flow actually looks like[09:44] Why making photos free changes everything[10:26] Trading a $1,000 commission check for $19,000 in organic impressions[11:20] Graduation photos as an equity issue—not a luxury add-on[11:41] “Privacy by design” vs “privacy by accident”[12:34] Your face as the ultimate password—and why consent matters[12:53] Why this lawsuit may permanently reset the industry
🎓 Rethinking graduation photos?
Tassel helps schools modernize ceremonies with privacy-first tools—from ticketing and name reading to announcements, displays, and compliant photo delivery.
Learn more → tassel.com
This episode of The Liminal is brought to you by Tassel — the platform trusted by hundreds of schools to power commencement logistics while putting students, privacy, and experience first.
This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit heytassel.substack.com