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Class Action Biometric Information Data Collection

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
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

King & Spalding

Illinois BIPA Reform Takes Effect

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The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...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

Benesch

Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

Benesch on

Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from 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

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

Cozen O'Connor

Illinois BIPA Reform 2024 – Back Where We Started or Moving Forward?

Cozen O'Connor on

Last week, the Illinois Senate advanced the first significant BIPA amendment (SB 2979), passing it in the Senate by a vote of 46-13. The bill has broad Democratic support, and groups that have traditionally opposed BIPA have...more

Jenner & Block

Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

Jenner & Block on

The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a...more

Saul Ewing LLP

The Genetic Information Privacy Act: Recent Surge in Class Action Lawsuits Against Illinois Employers

Saul Ewing LLP on

Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping...more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

ArentFox Schiff on

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...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

Seyfarth Shaw LLP

Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

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Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a...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

Paul Hastings LLP

Not Enough in Estee Lauder BIPA Suit: Chicago Federal Judge Rules Make-Up "Try On” Technology Doesn't Meet Definition of Biometric...

Paul Hastings LLP on

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

Jackson Lewis P.C.

Illinois BIPA’s Healthcare Exemption Not Limited to Patient Information, Illinois Supreme Court Rules

Jackson Lewis P.C. on

Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric...more

Seyfarth Shaw LLP

GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers

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Seyfarth Synopsis: While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought...more

Proskauer - Minding Your Business

Big Tech, Biometrics and BIPA: Meta’s Recent $68.5M Class Action Settlement

In July, Instagram’s parent company Meta Platforms, Inc. (“Meta”) agreed to a $68.5 million class-action biometric privacy settlement in connection with the company’s alleged violation of Illinois’ Biometric Information...more

Amundsen Davis LLC

Ready, Set, BIPA! Missouri Among States Considering Biometric Information Privacy Legislation

Amundsen Davis LLC on

Earlier this year, the Missouri legislature proposed its own Biometric Information Privacy Act (HB 1047), joining the growing list of states eager to enact and implement laws governing biometric data. Biometric data or...more

Fox Rothschild LLP

The Illinois Supreme Court, BIPA Clarifications and What Employers Need to Know

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The Illinois Supreme Court unanimously ruled that the exclusivity provisions of the Workers’ Compensation Act do not bar a claim for statutory damages under the Biometric Information Privacy Act (BIPA). In so doing, the Court...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

BIPA Accrual Will Not Be Reconsidered By Illinois Supreme Court

On July 18, 2023, the Illinois Supreme Court denied a rehearing on the issue of Biometric Information Privacy Act (BIPA) accrual. The request for rehearing derived from an opinion by the 7th Circuit, Cothron v. White Castle...more

Dorsey & Whitney LLP

Broad New Washington Privacy Law Requires Immediate Compliance Action

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Companies may face class action lawsuits as early as July 2023 based on Washington’s new privacy law. Governor Jay Inslee recently signed House Bill 1155, the WA My Health, My Data Act (“MHMDA” or “the Act”), giving companies...more

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

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

Illinois Federal Judge Finds Another Eyewear Virtual Try-on Class Action Is Exempt Under BIPA’s Healthcare Exemption

A federal judge in Illinois recently ruled that online shoppers cannot sustain claims that a virtual try-on (VTO) tool that allegedly scans facial geometry to preview the look of sunglasses on their face violates the...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 3, March 2023

Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more

Spilman Thomas & Battle, PLLC

It’s Not Just Illinois Anymore. Biometric Identifier Laws Increase Across US

Biometric identifiers are unique to every individual. They include your fingerprints, facial structure, and even how you walk. There is the Illinois Biometric Information Protection Act (“BIPA”), and biometric protection...more

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