Biometric Litigation
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
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Podcast: BIPA Trends in 2022
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5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more
We are pleased to inform you about a recent development in the Illinois Biometric Information Privacy Act (BIPA) law that could significantly impact businesses using biometric data. Last week, in the case of GT v. Samsung...more
The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more
Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more
A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15. In...more
Keypoint: It was a busy week for committee hearings as the 2024 session picked up speed heading into February. Below is the second weekly update on the status of proposed state privacy legislation in 2024....more
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
A Chicago federal judge has provided further insight into how Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”) claims will be reviewed. In a January 10th ruling, a U.S. District Court dismissed a...more
The FTC has become big on the late December surprise. In late December 2022, the agency announced the health claims guidance, which was quite a big deal for advertisers. This December there were two late December...more
In a highly anticipated decision issued in February 2023, the Illinois Supreme Court held that a separate claim accrues under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.) each...more
Two recent actions by the Federal Trade Commission (“FTC”) reveal a potentially significant shift in its regulatory and potential prosecutorial focus to companies that use, obtain, share, disclose, disseminate, and/or store...more
Florida Governor Ron DeSantis signed into law Senate Bill 262, known as the “Florida Digital Bill of Rights” (“FDBR”), on June 6, 2023. The FDBR will go into effect on July 1, 2024, which means businesses subject to it...more
On May 18, 2023, the Federal Trade Commission (FTC) issued a Policy Statement on Biometric Information and Section 5 of the FTC Act (Policy Statement). Section 5 of the FTC Act, 15 U.S.C. § 45, prohibits “unfair or deceptive...more
Florida is expected to be the tenth state to pass comprehensive consumer privacy legislation. The Florida Digital Bill of Rights was approved by the state legislature earlier this month and is expected to soon be signed by...more
Biometric technology, and the corresponding regulation thereof, has dramatically expanded in recent years. While most people may be familiar with fingerprint scanning and facial recognition, audio recognition has grown...more
Plaintiffs have filed two putative class action complaints in 2023, alleging violations of New York City’s relatively new biometric information privacy law, signaling a new potential avenue for class action plaintiffs’ lawyer...more
Keypoint: Last week lawmakers introduced a consumer privacy bill in Rhode Island and biometric privacy bills in Kentucky and Missouri; advanced consumer privacy bills out of committee in multiple states; and advanced a...more
With state legislatures opening across the country, lawmakers in numerous states are introducing bills to regulate private entities’ processing of biometric information. These bills, many of which are similar to the Illinois...more
Despite its enactment in 2008, the Illinois Biometric Information Privacy Act’s (BIPA) legal standards were largely undeveloped until its emergence to the main stage circa 2017. But with the decisions in Rosenbach v. Six...more
In Mora v. J&M Plating, Inc., No. 2-21-0692, 2022 IL App (2d) 210692 (Ill. App. Ct. 2d Dist. Nov. 30, 2022), the Illinois Second District Court of Appeals held that Illinois’ Biometric Information Privacy Act (BIPA or Act)...more
Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was...more
On November 3, 2022, an Illinois circuit court judge dismissed a Biometric Information Privacy Act (Privacy Act or BIPA) putative class action against Samsara, Inc., a DashCam developer. DashCam is a safety technology for...more
On October 17, a U.S. District Court for the Western District of Washington issued an order and judgment, ending two related putative class actions alleging tech companies violated Illinois’ Biometric Information Privacy Act...more
Seyfarth Synopsis: Last week, the first jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action case began in the U.S. District Court for the Northern District of Illinois in a case entitled Rogers...more
Since the Illinois Supreme Court’s Rosenbach decision holding that BIPA is actionable on the mere showing of statutory violations rather than actual harm, litigants and courts alike have been busy shaping BIPA case law. Here...more