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!)
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
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
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
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
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
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
The Illinois Supreme Court issued its much-anticipated decision today in the Cothron v. White Castle case, which interpreted the Illinois Biometric Information Privacy Act (“BIPA”). The decision is likely to have far-reaching...more
The Illinois Biometric Privacy Act (“BIPA”) has been a fertile source of class action litigation in recent years as courts continue to grapple with the scope of potential liability of employers and other entities who have...more
An Illinois appellate court has ruled that Apple’s biometric unlock features, including Touch ID fingerprint scanning and Face ID facial geometry scanning, do not violate the state’s Biometric Information Privacy Act (BIPA)....more
To say that class action litigation regarding the use or collection of “biometric information” – such as fingerprints, face records, or voice records – is expensive would be a gross understatement. The damages sought, and...more
After a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company,...more
Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony...more
Kronos, Inc., has agreed to (and a federal judge has preliminarily approved) a $15.3 million settlement to resolve claims that it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting biometric...more
In Illinois, the Biometric Information Privacy Act (“BIPA”) regulates the collection and use of “biometric information” such as fingerprints, facial images, and voice records. It imposes significant penalties and has...more
Illinois’s Biometric Information Privacy Act (BIPA) continues to be a problem for employers who are using biometric information such as palm readers or fingerprint timekeeping software....more
Lifespace Communities (Lifespace) Inc., a retirement community chain with more than 15 communities in eight states, recently settled a class action for $987,850 for its alleged violation of the Illinois Biometric Information...more
The Illinois Biometric Information Privacy Act (BIPA) has proven to be a significant burden on Illinois employers, and a recent Illinois federal court decision may have made the legal landscape even more difficult. In Cothron...more
Biometric privacy continues to be a hot-button topic in the United States, and internationally, with states continuing to join the wave of strict consumer biometric data protection laws. In an effort to avoid costly class...more
The rapid adoption of biometric technology—designed to measure unique human biological characteristics, like fingerprints, voiceprints, and hand or face scans—has led to a surge of consumer class actions alleging violations...more
In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that...more
Seyfarth Synopsis: While most employers are likely familiar with the Illinois Biometric Information Privacy Act (“BIPA”), they should know that Illinois is not the only state with a biometric privacy law and many other states...more
We only have one unique face, two irises and ten fingerprints. We can’t change our biometrics like we can a credit card number. Yet many companies are collecting and using their employees’ and our biometric information for...more
Seyfarth Synopsis: Over the last few years, Illinois companies have quickly become aware of the risks associated with the state’s unique biometric privacy law. Originally passed in 2008, the Illinois Biometric Information...more
Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more
The extent to which individuals may seek relief due to the unauthorized use of their personal information is an important issue in the privacy community. The Supreme Court of Illinois recently added its voice to this debate...more