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BIPA class actions – liability of third-party vendors

Takeaway: We have written a number of articles about the explosion of class action litigation under Illinois’s Biometric Information Privacy Act (BIPA). See BIPA – an ideal “no injury” class action (Feb. 9, 2022) and BIPA...more

BIPA – an ideal “no injury” class action

Takeaway:  Last year, we reported on a Seventh Circuit decision endorsing a “no injury” pleading strategy for violations of Illinois’s Biometric Information Privacy Act (BIPA).  The strategy, calculated to prevent the removal...more

BIPA class actions: Seventh Circuit endorses pleading strategy calculated to avoid removal to federal court

Takeaway: As Judge Diane Wood of the Seventh Circuit recently observed in a putative class action alleging violations of Illinois’s Biometric Information Privacy Act (BIPA), “allegations matter” and “a plaintiff is the...more

BIPA class actions: Seventh Circuit holds that retention of “inherently sensitive” biometric data gives rise to standing

Takeaway: Article III standing requires an injury-in-fact. To allege an injury-in-fact, a claimant must show “‘an invasion of a legally protected interest’ that is ‘concrete and particularized’ and ‘actual or imminent, not...more

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