Plaintiffs have filed two putative class action complaints in 2023, alleging violations of New York City’s relatively new biometric information privacy law, signaling a new potential avenue for class action plaintiffs’ lawyer...more
For several years, companies that collect, use, and store the biometric information of Illinois residents have lived in fear of violating the Biometric Information Privacy Act (BIPA), due to a tidal wave of class action...more
3/9/2023
/ Attorney's Fees ,
Biometric Information ,
Biometric Information Privacy Act ,
Cause of Action Accrual ,
Class Action ,
Data Collection ,
Data Privacy ,
Fingerprints ,
IL Supreme Court ,
Jury Verdicts ,
Privacy Laws ,
Statute of Limitations ,
Statutory Violations
As any fan of Sherlock Holmes can attest, identifying a person through their unique biological characteristics, such as fingerprints, is nothing new. Harnessing the power of cutting-edge technology and Artificial Intelligence...more
In a major development for companies that collect, use, and store biometric data, the US Federal Trade Commission (FTC) reached a proposed settlement of a complaint against a company that allegedly deceived consumers about...more
1/20/2021
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Consent Order ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
General Data Protection Regulation (GDPR) ,
Misrepresentation ,
Photographs
The past few years have seen dramatic innovations in biometric technology and an accompanying exponential growth in the size of the biometrics industry, in part due to the spread of Internet of Things (IoT), artificial...more
7/17/2020
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Storage ,
Dormant Commerce Clause ,
Extraterritoriality Rules ,
Personal Jurisdiction ,
Preemption ,
Privacy Laws ,
State Privacy Laws ,
Statute of Limitations ,
Statutory Requirements ,
Technology
As the use of biometric data continues to grow and become more prevalent across industries of all types and sizes, complying with data security and privacy laws has never been more critical or challenging. This is...more
9/11/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Constitutional Challenges ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Security ,
Defense Strategies ,
Extraterritoriality Rules ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Injury-in-Fact ,
Standing ,
Statutory Defenses
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
4/12/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Data Collection ,
Data Privacy ,
Extraterritoriality Rules ,
Facial Recognition Technology ,
Fingerprints ,
Gramm-Leach-Blilely Act ,
IL Supreme Court ,
Notice Requirements ,
Personal Data ,
Private Sector ,
Risk Mitigation ,
Standard of Care
In a unanimous decision handed down on January 25, 2019, the Illinois Supreme Court reversed a lower court opinion and held that a plaintiff need not show actual harm to seek relief under the Biometric Information and Privacy...more
Just two months after an Illinois appellate court dismissed a similar complaint alleging a violation of the Illinois Biometric Information Privacy Act (BIPA), a California federal court found that a claim asserted under BIPA...more
3/13/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facebook ,
Facial Recognition Technology ,
Injury-in-Fact ,
Popular ,
Standing
Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more