News & Analysis as of

Biometric Information Illinois 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

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

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

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

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

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

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

Segal McCambridge on

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

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

Seyfarth Shaw LLP

Illinois Supreme Court Upholds Per-Scan Damages for BIPA Claims

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Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private...more

Foley & Lardner LLP

Illinois’s Biometric Law Damages Are Ballooning: How Do Employers Become and Stay Compliant?

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One of the more significant Illinois legal developments in the past month were two Illinois Supreme Court orders interpreting the state’s onerous Biometric Information Protection Act (BIPA). We recently examined how these...more

Saul Ewing LLP

Illinois Supreme Court Holds That BIPA Cause of Action Accrues Upon Each and Every BIPA Violation, Creating Potential for Massive...

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​On February 17, 2023, the Illinois Supreme Court held that an entity violates the Illinois Biometric Information Privacy Act (“BIPA”) each and every time it fails to fully comply with BIPA’s strenuous collection and...more

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