News & Analysis as of

Calculation of Damages Data Collection

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

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

Segal McCambridge on

On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

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

Illinois Supreme Court Declines to Reconsider Privacy Act Per-Scan Damages

On July 18, 2023, the Supreme Court of Illinois declined to reconsider its February 2023 holding that claims under the state’s Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or...more

Robinson+Cole Data Privacy + Security Insider

BNSF Awarded New Trial for BIPA $228M Award

BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more

Fisher Phillips

New Bill Could Provide Relief to Illinois Employers in Biometric Cases

Fisher Phillips on

A new legislative proposal pending before Illinois lawmakers has the potential to make life a lot easier for employers and businesses when it comes to exposure and liability for biometric privacy claims. While the Illinois...more

ArentFox Schiff

What CRAs Must Know: Important FAQs Regarding CFPB’s Recent Action for Employment Background Check Report Violations

ArentFox Schiff on

Based on the public filing, the Bureau asserted that Sterling was engaged in the business of providing background screening reports as to job applicants to assist employers in hiring decisions. The outcome was an order of $6...more

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