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Personally Identifiable Information Statutory Damages

King & Spalding

Illinois BIPA Reform Takes Effect

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The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

Fisher Phillips

Breaking BIPA News: Illinois Curtails Massive Damage Awards in Biometric Cases

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Nearly one and a half years after the Illinois Supreme Court saddled businesses with the potential for massive damage awards under the state’s landmark biometric law, Governor J.B. Pritzker just signed into law amendments...more

Baker Donelson

BIPA Amendments Passed by Illinois Legislature: What Companies Need to Know

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The Illinois General Assembly recently passed Senate Bill 2979 (SB 2979), an important piece of legislation that makes several much-needed amendments to the Illinois Biometric Information Privacy Act (BIPA). SB 2979 is now at...more

ArentFox Schiff

IRS Data Leak Hits Home: Actions for Taxpayers in the Wake of the Littlejohn IRS Data Breach

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The Internal Revenue Service (IRS) has begun the process of informing over 70,000 taxpayers that their confidential tax information was leaked in a widespread breach by a former IRS contractor. Those impacted should take...more

Seyfarth Shaw LLP

Illinois BIPA Legislative Update Regarding Damages

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We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois....more

Dorsey & Whitney LLP

Privacy Litigation Trends - Back to the Future

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Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more

Akin Gump Strauss Hauer & Feld LLP

Seventh Circuit Deals (Final) Blow to Suspect Right of Publicity Privacy Class Actions Rising in the Courts

Key Points - Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

Fisher Phillips

Illinois Supreme Court Makes Clear that Workers’ Compensation Law Does Not Preempt States’ Biometric Information Privacy Act

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Yesterday, at long last, the Illinois Supreme Court issued a decision making clear that state workers’ compensation law does not preempt employment-based claims arising under the Biometric Information Privacy Act (BIPA). The...more

Carlton Fields

[Webinar] The California Consumer Privacy Act: Are You Ready? - August 25th, 3:00 pm - 4:00 pm EDT

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Join in-house counsel, chief privacy and information officers, and C-suite leaders for an in-depth program featuring Carlton Fields' Cybersecurity and Privacy attorneys. For companies subject to the CCPA, the law ushered...more

Lathrop GPM

Privacy Alert: Let the CCPA Class Action Lawsuits Commence

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The first post-California Consumer Privacy Act (CCPA) data breach class action was filed on February 3 in the Northern District of California. See Barnes v. Hanna Andersson, LLC , N.D. Cal., Case No. 20-cv-00812....more

BCLP

Data Breach Litigation Preparation: What should organizations consider when notifying consumers of a data breach?

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As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BCLP

Data Breach Litigation Preparation: What U.S. Laws Apply to Data Breaches?

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As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BCLP

Do Companies Need a Written Security Information Plan?

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As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BCLP

CCPA Security FAQs: Does the CCPA open financial institutions to increased litigation?

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Yes. While the CCPA provides a partial exemption for information collected by financial institutions that is subject to the Gramm Leach Bliley Act (e.g., information about individuals who have obtained personal financial...more

Sheppard Mullin Richter & Hampton LLP

Proposed Massachusetts Consumer Data Privacy Law Takes Lessons From Illinois’ Biometric Law

After Illinois passed its Biometric Information Privacy Act in 2008 (“BIPA”), other states have begun enacting legislation regulating business activities relating to biometric information. Texas and Washington were next,...more

Akin Gump Strauss Hauer & Feld LLP

Third Circuit Rejects Consumer Claim of Injury-in-Fact Based on an Alleged Risk of Harm

• On March 8, the Court of Appeals for the Third Circuit issued a precedential opinion upholding dismissal of a putative consumer class action where the plaintiff failed to plead a concrete injury-in-fact stemming from an...more

Williams Mullen

Illinois Supreme Court Advances Individual’s Right to Relief from Misuse of Personal Information

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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

McDermott Will & Emery

Biometric Privacy Update – Actual Harm Not Required

Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more

Dechert LLP

Momentum Builds for a National Privacy Law in the United States

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Recent developments show that momentum is building for the United States to enact a national privacy law that would govern how businesses handle consumers’ personal information. High-profile data breaches, recent...more

Fenwick & West LLP

California’s New Landmark Data Privacy Regulation and What Companies Need to Do to Comply

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What You Need to Know Now - • The new law takes effect January 1, 2020, but there’s a lot to do so you need to start work now. • The new law expands the definition of personal information and gives California consumers...more

Snell & Wilmer

What’s Unique About the California Consumer Privacy Act

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The California Consumer Privacy Act of 2018 (“CCPA”) offers a new, very broad framework for data protection with increased obligations for businesses, and its reach is far and wide. It was passed in a whirlwind seven days. On...more

Bradley Arant Boult Cummings LLP

FACTA Cases Continue to Present Ideal Targets for Spokeo Challenges-Eleventh Circuit Defendants Take Particular Notice

We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more

Snell & Wilmer

Top Privacy Cases of 2016: Midyear Report

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Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

Ballard Spahr LLP

CFPB files amicus brief in U.S. Supreme Court Article III standing case

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The CFPB, together with the DOJ, has filed a second amicus brief in Spokeo, Inc. v. Robins, the case pending before the U.S. Supreme Court in which the issue is whether a plaintiff who cannot show any actual harm from a...more

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