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Fingerprints Consent

Roetzel & Andress

Illinois Enacts Major Biometric Privacy Reform: What You Need to Know

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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

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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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

ArentFox Schiff

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

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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

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

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

Laner Muchin, Ltd.

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

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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

Vinson & Elkins LLP

Burgers and Biometrics: The Illinois Supreme Court Permits Up to $17 Billion in Damages for White Castle’s Privacy Violations

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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

Clark Hill PLC

Each Scan an Accrual: Long-awaited Illinois Supreme Court Decision Renders Risk of BIPA Claims Catastrophic

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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

Miller Canfield

The $17 Billion Slider? Illinois Supreme Court Decides White Castle BIPA Case

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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

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

Seyfarth Shaw LLP

Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric...

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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

Levenfeld Pearlstein, LLC

Jury Awards Plaintiffs $228 Million in Illinois Biometrics Class Action

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

Amundsen Davis LLC

BIPA Strikes Again: $228 Million Verdict Awarded in First BIPA Jury Trial

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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

Jackson Lewis P.C.

Federal Jury Sides with Plaintiffs in First Illinois Biometric Information Privacy Act Trial

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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

King & Spalding

Seventh Circuit, Illinois Appellate Court Consider When BIPA Claims Accrue

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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

UB Greensfelder LLP

Time After Time: Illinois Supreme Court Asked To Decide When Statute of Limitations Accrues for BIPA Violations

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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

Saul Ewing LLP

Recent Illinois State and Federal Court Decisions Governing the Illinois Biometric Information Privacy Act

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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

Reveal

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

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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

Eversheds Sutherland (US) LLP

Biometrics beware – Compliance and the Biometric Information Privacy Act

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

Fox Rothschild LLP

Illinois Supreme Court Rules That Actual Damages Are Not Necessary Under The Illinois Biometric Information Privacy Act

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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

Sheppard Mullin Richter & Hampton LLP

Actual Injury Unnecessary to Sue Under Illinois Biometric Law

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

Husch Blackwell LLP

No Actual Damages Required To Protect Privacy Rights Under Illinois Biometric Information Privacy Act

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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

Dickinson Wright

With Everyone Being the Victim of a Data Breach, the Illinois Supreme Court’s Decision Not Requiring Actual Harm to Pursue a Claim...

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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

Clark Hill PLC

Bad News for Companies in Illinois Using Fingerprints, Voice Scans, and Other Biometric Information: Plaintiffs Need Not Show Harm...

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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

Cozen O'Connor

Illinois Supreme Court Sheds Light On The Importance Of Strict Compliance With State’s Biometric Information Privacy Act

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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

Faegre Drinker Biddle & Reath LLP

Illinois Supreme Court Rules No Actual Harm Necessary Under Illinois Biometric Information Privacy Act

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

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