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Illinois Governor Signs Law That Limits Damages Recoverable Under the Biometric Information Privacy Act

On August 2, 2024, Illinois Gov. J.B. Pritzker signed into law an amendment to the Biometric Information Privacy Act (BIPA), which will limit defendants’ exposure to liability on a “per scan” basis and clarify that electronic...more

Texas Attorney General’s Office Zeroes In on Data Privacy and Entities Using Biometric Data

Recently, Texas Attorney General (AG) Ken Paxton announced the launch of a Texas data privacy and security law enforcement initiative by establishing a new unit focusing on Texas’ privacy laws. The AG’s Office made the...more

Illinois Supreme Court Finds Narrow BIPA Exception for Health Care Workers

Background - The Illinois Biometric Information Privacy Act (BIPA) prohibits companies from collecting, capturing or otherwise obtaining a person’s biometric identifier or biometric information (biometrics) without...more

Illinois Supreme Court Applies Five-Year Statute of Limitations on All BIPA Claims

Under the Illinois Supreme Court’s recent decision in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, individuals now have five years to file claims under any and all subsections of the Illinois Biometric Information...more

First Biometric Information Privacy Act Trial Results in $228M Verdict

Last week, the first jury trial under the Illinois Biometric Privacy Act (BIPA) resulted in a $228 million verdict in favor of the plaintiff and the class. The case, Rogers v. BNSF Railway Co., was filed in May 2019 and was...more

Illinois Supreme Court: BIPA Claims Not Barred By Workers’ Compensation Act

Companies with Illinois employees have been bombarded with class action lawsuits under the Illinois Biometric Information Privacy Act (BIPA) over the last several years. These lawsuits generally allege that employers have not...more

Illinois Appellate Court Clarifies BIPA Statutes of Limitations

On September 17, 2021, the First District of the Illinois Appellate Court — which covers appeals from Cook County, Illinois — addressed a hotly contested issue under the Illinois Biometric Information Privacy Act (BIPA):...more

Exam-Proctoring Software Targeted in New Wave of BIPA Class Action Litigation

Over the last several years, class action lawsuits filed under the Illinois Biometric Information Privacy Act (BIPA) have proliferated. These lawsuits have tended to come in waves: from claims involving consumer-facing...more

Doing Business in Illinois? Two BIPA Developments Should Be on Your Radar

Class action lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA) continue to flood court dockets. These cases typically allege failure to comply with various procedural requirements, such as notice...more

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