Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Data Privacy Legislation, Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)
Governor J.B. Pritzker has signed Senate Bill 2979 into law, significantly amending the Biometric Information Privacy Act (BIPA), yet retaining the availability of statutory damages that have been so problematic for current...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
In the closely-watched first case to go to trial under the Illinois Biometric Information Privacy Act (BIPA), a federal judge has now vacated a $228 million award of statutory liquidated damages. The judge concluded that...more
Does your business collect or use fingerprints? Do your building access points use retina, finger, or palm scans? Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more
The Illinois Supreme Court recently held in Cothron v. White Castle System, Inc., No. 128004 that a violation of the Illinois Biometric Information Privacy Act (the “Act” or “BIPA”) occurs and accrues every time a scan of a...more
The Supreme Court of Illinois recently held that use of a fingerprint system by White Castle, Inc. (“White Castle”) to authenticate employees, without the consent of the employees, entailed multiple violations of the Illinois...more
On Feb. 17, in a close 4-3 decision, the Illinois Supreme Court in Cothron v. White Castle System, Inc., 2023 IL 128004, ruled that a claim under the Illinois Biometric Information Privacy Act (“BIPA”) accrues with every scan...more
The landscape of biometric privacy just became both more settled and unsettling for companies using biometrics. On February 17, 2023, the Illinois Supreme Court held that each scan or transmission of a person’s biometric...more
On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...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
In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more
If companies that employ Illinois residents and use any type of equipment to scan fingers, hands, face, or eyes were not yet aware of and concerned by the Illinois’ biometric privacy law, the Illinois Biometric Privacy Act...more
A jury in federal court in Chicago has returned a verdict for the plaintiff class in the first trial of a case involving claims under the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co., No....more
In a pair of decisions issued in late December, both the Illinois Appellate Court and the Seventh Circuit Court of Appeals considered whether claims brought under the Illinois Biometric Information Privacy Act (“BIPA”) accrue...more
The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires businesses to notify individuals before collecting their biometric identifiers such as fingerprints (click here to read our previous client...more
Since the Illinois Supreme Court held in Rosenbach v. Six Flags Entertainment Corp. in 2019 that a plaintiff need not show actual injury to bring an Illinois Biometric Information Privacy Act (“BIPA”) claim in state court,...more
Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more
Companies in all industries and of all sizes are increasingly using biometric data—fingerprints, voiceprints, and facial structure, to name three—as a faster, more reliable, and more economical alternative to passwords and...more
On January 25, 2019, the Illinois Supreme Court issued its long awaited opinion in Rosenbach v. Six Flags Entertainment Corp, ruling that the Illinois Biometric Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”) does not require an...more
The Illinois Supreme Court recently handed down its much-anticipated decision in Rosenbach v. Six Flags Entertainment Corporation et al., clarifying what makes someone “aggrieved” and able to bring a claim under the Illinois...more
On January 25, 2019, the Illinois Supreme Court released a unanimous decision holding that individuals do not need to plead or prove actual damages or harm to maintain a private right of action under the Illinois Biometric...more
There are three states with biometric privacy laws. Texas, which passed its law in 2009, and Washington, which passed its law in 2017, followed Illinois’ passage of its 2008 law, the Biometric Information Privacy Act (BIPA)...more
Many businesses collect and store biometric information for a myriad of reasons, including, for example, verifying the accuracy of time cards for employees of manufacturers and restaurants to ensure accurate payment of wages,...more
On January 25, 2019, in Rosenbach v. Six Flags Entm’t Corp., the Illinois Supreme Court held that an individual is an “aggrieved” party under the Illinois Biometric Information Privacy Act (“BIPA”) and may seek damages absent...more
On Friday, January 25, 2019, the Illinois Supreme Court issued its highly anticipated decision in Rosenbach v. Six Flags Entertainment Corp, et al., 2019 IL 123186 (Ill. Jan. 25, 2019). The Court concluded that a private...more