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Biometric Information Privacy Act Biometric Information Statutory Violations

Wyrick Robbins Yates & Ponton LLP

Illinois Adopts Business-Favorable Amendment to Biometric Information Privacy Act

The Illinois Biometric Information Privacy Act (“BIPA”) has posed significant litigation risk to businesses collecting biometric information since its adoption in 2008. Last year, an Illinois Supreme Court decision magnified...more

Robinson+Cole Data Privacy + Security Insider

Biometric Data Collection Leads to Class Action Lawsuit under Illinois Privacy Law

Candid Color Systems Inc., based in Oklahoma, faces a class action lawsuit for its alleged violations of the Illinois Biometric Information Privacy Act (BIPA). Candid Colors offers marketing services to photographers,...more

Alston & Bird

New Law Limits Damages Plaintiffs Can Seek Under Illinois Biometric Information Privacy Act

Alston & Bird on

A new Illinois law limits the damages plaintiffs can seek under the state’s Biometric Information Privacy Act (BIPA). Our Labor & Employment Group explores the change’s impact on employers....more

Seyfarth Shaw LLP

BIPA LEGISLATIVE UPDATE: Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

Seyfarth Shaw LLP on

Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more

Littler

Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

Littler on

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...more

Robinson+Cole Data Privacy + Security Insider

Marriott Faces Class Action for Alleged Violation of Illinois Biometrics Law

Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more

Benesch

Illinois Lawmakers Moving Forward with Bill to Cap Penalties for “Per Scan” Violations under BIPA

Benesch on

Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information. ...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Federal Judge Says Privacy Act Damages Are Discretionary, Vacates $228M Award

A federal judge in the Northern District of Illinois vacated a $228 million damages award issued following the first-ever jury verdict in an Illinois Biometric Information Privacy Act (Privacy Act or BIPA) class action and...more

Laner Muchin, Ltd.

Illinois Supreme Court Holds A Violation Of BIPA Occurs And Accrues With Each Scan

Laner Muchin, Ltd. on

The Illinois Supreme Court recently held in Cothron v. White Castle System, Inc., No. 128004 that a violation of the Illinois Biometric Information Privacy Act (the “Act” or “BIPA”) occurs and accrues every time a scan of a...more

Eversheds Sutherland (US) LLP

From bad to worse: Two Illinois Supreme Court decisions expand scope of potential damages under Biometric Information Privacy Act

For several years, companies that collect, use, and store the biometric information of Illinois residents have lived in fear of violating the Biometric Information Privacy Act (BIPA), due to a tidal wave of class action...more

Polsinelli

What’s up with Illinois’ BIPA

Polsinelli on

The Illinois Biometric Information Privacy Act, 740 ILCS 14/1 through 14/99, was enacted in 2008 to manage the promise of biometric technology for Illinois residents. BIPA seeks to encourage the development and use of...more

Franczek P.C.

Illinois Supreme Court Opens Door for More Actions Under BIPA

Franczek P.C. on

The Illinois Biometric Privacy Act (“BIPA”) has been a fertile source of class action litigation in recent years as courts continue to grapple with the scope of potential liability of employers and other entities who have...more

Orrick, Herrington & Sutcliffe LLP

Illinois Supreme Court sets five-year SOL for section 15 BIPA violations

On February 2, the Illinois Supreme Court held that under the state’s Biometric Information Privacy Act (BIPA), individuals have five years to assert violations of section 15 of the statute. ...more

Hudson Cook, LLP

Time Is of the Essence: Hidden Time Limits in Statutory Requirements

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If a law requires you to do something, it's a good idea to assume that you don't have an unlimited amount of time to do it—after all, an obligation without a time limit isn't really an obligation. A well-written law will...more

Polsinelli

Jury Returns First-of-its-Kind Verdict Against Company in Biometric Class Action

Polsinelli on

The first jury verdict to address violations under Illinois’ Biometric Information Privacy Act (BIPA) resulted in a $2.28 million judgment against BNSF Railway. The case involved a class of more than 40,000 truck drivers who...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #331 – ACLU Settles Facial Recognition Suit with Clearview AI

The American Civil Liberties Union (ACLU) filed suit against Clearview AI, Inc. (Clearview AI) in March 2020, alleging that it violated the Illinois Biometric Information Privacy Act (BIPA) by capturing and using billions of...more

Robinson+Cole Data Privacy + Security Insider

Motion to Dismiss Denied in Class Action for Alleged Violations of Illinois Biometric Data Privacy Law

In a class action lawsuit filed in the U.S. District Court for the Northern District of Illinois, Clearview Al Inc. faces allegations that it uses facial recognition technology that violates the Illinois Biometric Information...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

Franczek P.C. on

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

Robinson+Cole Data Privacy + Security Insider

Biometric Privacy Class Action Against DAL Global Service will Proceed

DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. ...more

Proskauer - Minding Your Business

Litigation Update on Illinois’ Biometric Information Privacy Act

Earlier this year, we reported on the potential breeding ground for litigation under Illinois’ Biometric Information Privacy Act (“BIPA”).  A recent decision from an Illinois state appellate panel on the different limitations...more

Gould + Ratner LLP

Illinois Supreme Court Finds Insurance Coverage for Alleged Violations of BIPA

Gould + Ratner LLP on

The Illinois Supreme Court ruled late last week in favor of a company seeking insurance coverage for defense of a lawsuit alleging the company had violated the Illinois Biometric Privacy Act (BIPA). The ruling in the case,...more

Foley & Lardner LLP

BIPA in Review: Recapping the Seventh Circuit’s Article III Standing Decisions

Foley & Lardner LLP on

Last Thursday, the Seventh Circuit issued its fourth opinion in two years addressing Article III standing in the context of Illinois’s Biometric Information Privacy Act (BIPA). The court handed the plaintiff in Thornley v....more

Fisher Phillips

The Illinois Biometric Landscape Gets Even Tougher For Employers

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The Illinois Biometric Information Privacy Act (BIPA) has proven to be a significant burden on Illinois employers, and a recent Illinois federal court decision may have made the legal landscape even more difficult. In Cothron...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

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Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more

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