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Fingerprints Damages IL Supreme Court

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

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

ArentFox Schiff

$228M Damages Award Vacated In Illinois Biometric Privacy Class Action

ArentFox Schiff on

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

Laner Muchin, Ltd.

Illinois Supreme Court Holds A Violation Of BIPA Occurs And Accrues With Each Scan

Laner Muchin, Ltd. on

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

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more

Franczek P.C.

Illinois Supreme Court Doubles Down on Liability for BIPA Claims

Franczek P.C. on

On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more

Polsinelli

Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages...

Polsinelli on

In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more

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

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

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

King & Spalding

Seventh Circuit, Illinois Appellate Court Consider When BIPA Claims Accrue

King & Spalding on

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

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

Reveal on

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

White & Case LLP

Illinois Supreme Court Rules: “Aggrieved” Person Does Not Require Separate, “Actual” Injury for Biometric Information Privacy Act...

White & Case LLP on

On January 25, 2019, the Supreme Court of Illinois held in Rosenbach v. Six Flags Entertainment Corp. that an "aggrieved" person entitled to seek damages and injunctive relief under Illinois' Biometric Information Privacy Act...more

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