News & Analysis as of

Biometric Information Damages

Constangy, Brooks, Smith & Prophete, LLP

After 16 years, BIPA is amended to limit potential damages for violations

Laura Balson in our Chicago office recently discussed an amendment to the Illinois Biometric Information Privacy Act. At that time, the Illinois House and Senate had passed an amendment to Illinois Biometric Information...more

Amundsen Davis LLC

Illinois Amends BIPA To Limit Violations And Recovery Under The Act

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On August 2, 2024, Governor Pritzker signed Senate Bill 2979 (“SB 2979”) into law, making significant changes to the Illinois Biometric Information Privacy Act (“BIPA”). By way of background, BIPA requires private employers...more

K&L Gates LLP

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

K&L Gates LLP on

New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s...more

Foley & Lardner LLP

Illinois Reins in Astronomical Damages Under Biometric Privacy Law

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Illinois employers will no longer face astronomical damages — into the millions or even hundreds of millions of dollars at issue in recent class action lawsuits — for violations of the Biometric Information Protection Act...more

Davis Wright Tremaine LLP

Illinois Revises Biometrics Law To Reduce the Prospect of "Ruinous" Damage Awards

In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more

Alston & Bird

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

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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

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

Illinois Governor Signs Law Prohibiting Privacy Act Per-Scan Damages

On August 2, 2024, Illinois Governor JB Pritzker signed a law that clarifies that the state’s Biometric Information Privacy Act (Privacy Act or BIPA) does not provide for per-scan damages, legislatively overruling the Supreme...more

Sheppard Mullin Richter & Hampton LLP

It’s Official – BIPA’s “Per-Scan” Damages Are Out; Electronic Signatures Are In

If you heard a collective sigh of relief last week, it was probably businesses reacting as Illinois Governor Pritzker finally signed Senate Bill 2979, officially reforming BIPA for the first time since 2008. As a reminder, SB...more

Seyfarth Shaw LLP

Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

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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

Faegre Drinker Biddle & Reath LLP

Illinois Governor Signs Law That Limits Damages Recoverable Under the Biometric Information Privacy Act

On August 2, 2024, Illinois Gov. J.B. Pritzker signed into law an amendment to the Biometric Information Privacy Act (BIPA), which will limit defendants’ exposure to liability on a “per scan” basis and clarify that electronic...more

Seyfarth Shaw LLP

BIPA Damages Reform Bill Signed in Illinois

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On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability...more

Seyfarth Shaw LLP

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

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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

Constangy, Brooks, Smith & Prophete, LLP

BIPA’s new boundaries: A closer look at the pending BIPA Amendment and what that means for your business

The Illinois Biometric Information Privacy Act has become a hot topic within recent months, due largely in part to massive payouts in the courts and new proposed legislation to modify the law. Earlier this year, state Sen....more

Perkins Coie

“Biometric Identifiers Must Identify”: The Ninth Circuit Clarifies the Scope of BIPA

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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

WilmerHale

Illinois Legislature Modifies Damages Rule Under BIPA

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On May 16, 2024, the Illinois General Assembly joined the Illinois Senate in approving S.B. 2979, a bill that amends the state’s landmark Biometric Information Privacy Act (BIPA) by limiting plaintiffs’ potential damages...more

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

Illinois Legislature Passes Bill to Clarify ‘Per-Scan’ Damages for Privacy Act Violations, Awaits Governor’s Signature

The Illinois General Assembly has passed a bill prohibiting claims for per-scan damages under the Biometric Information Privacy Act (Privacy Act or BIPA), legislatively overruling the Supreme Court of Illinois’s...more

Shook, Hardy & Bacon L.L.P.

BIPA Amendment Passes Legislature, Addresses Damages in BIPA Litigation

Last week, as the Illinois legislative session nears its close, the Illinois House of Representatives voted to enact Senate Bill 2979, the Biometric Information Privacy Act (BIPA) reform amendment that had previously passed...more

Seyfarth Shaw LLP

Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor's Signature

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In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to...more

Paul Hastings LLP

Illinois Legislature Passes Major BIPA Amendment

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On May 16, 2024, the Illinois Legislature passed SB 2979, which amends the Illinois Biometric Information Privacy Act (BIPA) to clarify that any person whose biometric identifier or biometric information is “scanned” by a...more

Benesch

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

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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

Amundsen Davis LLC

BIPA Reform on the Horizon: Illinois Legislature Passes Significant Legislation Eliminating Per-Scan Damages

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The first—and a significant—amendment to the Illinois Biometric Privacy Act (BIPA) has just passed both chambers of the Illinois legislature and is headed to Governor Pritzker for approval. SB2979 amends BIPA to address the...more

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

Illinois Lawmakers Nearing Passage of Bill to Stop ‘Per-Scan’ Damages for Privacy Act Violations

The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

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Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more

Foley & Lardner LLP

First Biometrics, Now Genetics: Is GIPA the Next BIPA for Employers to Worry About?

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Most employers operating in Illinois are (or should be) aware of Illinois' stringent Biometric Information Protection Act (BIPA). As we have written about previously, BIPA’s requirements are exacting, and BIPA plaintiffs do...more

McDermott Will & Emery

Illinois Supreme Court Denies Rehearing of BIPA Claim Accrual Ruling

McDermott Will & Emery on

On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more

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