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Statutory Violations Personally Identifiable Information

Clark Hill PLC

End of the BIPA Era? Federal Court Rules BIPA Amendment Applies Retroactively

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On Nov. 13, Judge Elaine Bucklo of the United States Court for the Northern District of Illinois ruled that the Illinois legislature’s recent amendment to the Illinois Biometric Privacy Act (BIPA) limiting the damages...more

Ballard Spahr LLP

Court Denies Class Certification in VPPA Case

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In a recent decision from the Southern District of Florida, U.S. District Judge Robert N. Scola, Jr. denied class certification of a proposed class of paid Univision NOW subscribers who assert that Univision NOW’s use of the...more

Wyrick Robbins Yates & Ponton LLP

Illinois Adopts Business-Favorable Amendment to Biometric Information Privacy Act

The Illinois Biometric Information Privacy Act (“BIPA”) has posed significant litigation risk to businesses collecting biometric information since its adoption in 2008. Last year, an Illinois Supreme Court decision magnified...more

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

Alston & Bird

New Law Limits Damages Plaintiffs Can Seek Under Illinois Biometric Information Privacy Act

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A new Illinois law limits the damages plaintiffs can seek under the state’s Biometric Information Privacy Act (BIPA). Our Labor & Employment Group explores the change’s impact on employers....more

Baker Botts L.L.P.

Patreon Settles VPPA Lawsuit for $7.2 Million: A Cautionary Tale for Digital Platforms

Baker Botts L.L.P. on

Patreon, a popular platform connecting creators with their fans, has recently agreed to a $7.2 million settlement to end a legal battle concerning the Video Privacy Protection Act (VPPA)....more

Seyfarth Shaw LLP

BIPA LEGISLATIVE UPDATE: 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

Littler

Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

Littler on

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). 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

Robinson+Cole Data Privacy + Security Insider

DoorDash Settles with California Attorney General for Alleged Violations of the CCPA

DoorDash, Inc. recently settled with the California Attorney General for alleged violations of the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA). This is only the second...more

King & Spalding

FTC Proposes Stricter Children’s Privacy Rules in First COPPA Update since 2013

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On December 20, 2023, the Federal Trade Commission (FTC) announced proposed revisions to its rules administering the Children’s Online Privacy Protection Act (COPPA). The updates both expand the universe of businesses subject...more

Carlton Fields

Lawsuits Alleging Violations of Illinois’ GIPA Are Piling Into Court Like Clowns Out of a Circus Car

Carlton Fields on

A string of putative class actions has been filed against life insurance companies for allegedly violating section 20(b) of Illinois’ Genetic Information Privacy Act (GIPA) by using applicants’ family medical history in...more

Polsinelli

What’s up with Illinois’ BIPA

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The Illinois Biometric Information Privacy Act, 740 ILCS 14/1 through 14/99, was enacted in 2008 to manage the promise of biometric technology for Illinois residents. BIPA seeks to encourage the development and use of...more

Polsinelli

“Fortnite” Creator Agrees to Pay a Record Penalty for Violating Children’s Privacy Laws

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On December 19, 2022, the Federal Trade Commission (“FTC”) and the U.S. Department of Justice jointly announced that Epic Games Inc. (“Epic Games”) will pay two record fines, in twin settlements, totaling half a billion...more

Franczek P.C.

Illinois Supreme Court Opens Door for More Actions Under BIPA

Franczek P.C. on

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

Orrick, Herrington & Sutcliffe LLP

Illinois Supreme Court sets five-year SOL for section 15 BIPA violations

On February 2, the Illinois Supreme Court held that under the state’s Biometric Information Privacy Act (BIPA), individuals have five years to assert violations of section 15 of the statute. ...more

Hudson Cook, LLP

Time Is of the Essence: Hidden Time Limits in Statutory Requirements

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If a law requires you to do something, it's a good idea to assume that you don't have an unlimited amount of time to do it—after all, an obligation without a time limit isn't really an obligation. A well-written law will...more

Robinson+Cole Data Privacy + Security Insider

Texas Sues Google for Gathering Biometric Data

Texas Attorney General Ken Paxton filed a lawsuit against Google for alleged “blatant defiance” of Texas’s biometric privacy law, which prohibits capturing biometric identifiers without prior consumer consent. The complaint...more

Polsinelli

Jury Returns First-of-its-Kind Verdict Against Company in Biometric Class Action

Polsinelli on

The first jury verdict to address violations under Illinois’ Biometric Information Privacy Act (BIPA) resulted in a $2.28 million judgment against BNSF Railway. The case involved a class of more than 40,000 truck drivers who...more

Alston & Bird

Sephora Ordered to “Make-Up” for CCPA Violations

Alston & Bird on

On August 24, 2022, California Attorney General Rob Bonta announced a $1.2 million dollar settlement with Sephora to account for alleged violations of the California Consumer Privacy Act (CCPA).  This is the first CCPA...more

K&L Gates LLP

California Attorney General Announces First CCPA Settlement Against Sephora

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On 24 August 2022, the California Attorney General announced a US$1.2 million settlement including injunctive relief terms with cosmetic giant Sephora, Inc. (Sephora), resolving allegations that the company violated the...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #331 – ACLU Settles Facial Recognition Suit with Clearview AI

The American Civil Liberties Union (ACLU) filed suit against Clearview AI, Inc. (Clearview AI) in March 2020, alleging that it violated the Illinois Biometric Information Privacy Act (BIPA) by capturing and using billions of...more

Robinson+Cole Data Privacy + Security Insider

Texas AG Sues Meta, Alleging Massive Collection of Face Geometries Without Consent

Texas enacted a biometric information privacy law way back in 2001, which was amended in 2009. That was a long time ago in the context of the development of privacy laws, and even longer when it comes to biometric information...more

Robinson+Cole Data Privacy + Security Insider

Motion to Dismiss Denied in Class Action for Alleged Violations of Illinois Biometric Data Privacy Law

In a class action lawsuit filed in the U.S. District Court for the Northern District of Illinois, Clearview Al Inc. faces allegations that it uses facial recognition technology that violates the Illinois Biometric Information...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #319 – How Facial Recognition Technology Works and Why You Should Care

I have written about the privacy concerns of facial recognition technology many times before. Many individuals are unaware of how facial recognition technology works, who is collecting their facial geometry, and how...more

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