Designing a BIPA Defense: Using Preemption and Arbitration to Defeat Biometric Class Actions

Blank Rome LLP

Since the Illinois Supreme Court issued its seminal decision in Rosenbach v. Six Flags Entertainment Corp. in the beginning of 2019, companies using fingerprint scanners and other biometric technologies have faced a relentless deluge of class actions for purported violations of the Illinois Biometric Information Privacy Act (“BIPA”).


BIPA has quickly become the next class action battleground – primarily due to the statute’s private right of action, which permits the recovery of statutory damages between $1,000 and $5,000 per violation, along with attorney’s fees.

Originally published in the November‒December 2020 edition of Pratt’s Privacy & Cybersecurity Law Report (Vol. 6, No. 9).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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