News & Analysis as of

Article III Biometric Information Privacy Act

Rothwell, Figg, Ernst & Manbeck, P.C.

The Supreme Court Declines to Further Clarify Standing for Privacy Claims in Wakefield v. ViSalus

A number of federal privacy laws provide private rights of action, allowing individuals (or class actions) to bring claims alleging violations of certain privacy laws. Some examples of these statutes include the Video Privacy...more

ArentFox Schiff

Biometric Privacy Class Actions Take Aim at Virtual “Try-On” Retailers

ArentFox Schiff on

In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites. Virtual try-on technology...more

Proskauer Rose LLP

10 Developments That Shaped Employment Law In 2021

Proskauer Rose LLP on

2021 was a transformative year for labor and employment law and fundamental employment dynamics. There was no shortage of highly influential decisions issued by courts around the country in 2021 — and California continues to...more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

ArentFox Schiff on

Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more

Womble Bond Dickinson

Did the US Supreme Court Just Gut Privacy Law Enforcement?

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Within the typical June end-of-term flurry of released decisions from the U.S. Supreme Court, one ruling that may have a significant effect on future privacy cases has flown under the radar of tech press. The case,...more

Dorsey & Whitney LLP

“No Concrete Harm, No Standing” - Supreme Court’s TransUnion v. Ramirez Decision Clarifies Federal Court Standing Requirements for...

Dorsey & Whitney LLP on

The U.S. Supreme Court’s recent decision in TransUnion LLC v. Ramirez will make it far more difficult for class action plaintiffs to demonstrate the requisite harm to satisfy Article III standing. Although involving a...more

Troutman Pepper

More Privacy, Please - March 2021

Troutman Pepper on

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more

King & Spalding

Seventh Circuit Finds Failure to Comply with Data Destruction Policy Confers Article III Standing

King & Spalding on

On November 17, 2020, the Seventh Circuit addressed what constitutes an injury-in-fact for standing purposes under Illinois’s privacy law, the Biometric Information Privacy Act (“BIPA”). This is the latest in a series of...more

Kilpatrick

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

Kilpatrick on

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

Foley & Lardner LLP

BIPA in Review: Recapping the Seventh Circuit’s Article III Standing Decisions

Foley & Lardner LLP on

Last Thursday, the Seventh Circuit issued its fourth opinion in two years addressing Article III standing in the context of Illinois’s Biometric Information Privacy Act (BIPA). The court handed the plaintiff in Thornley v....more

Manatt, Phelps & Phillips, LLP

Retention of Biometric Data Beyond Stated Period Creates Article III Standing: Seventh Circuit

Alleged violations of privacy laws continue to bedevil the federal courts—in particular, with respect to determining whether an alleged violation creates a sufficiently concrete and redressable grievance to permit the federal...more

Blank Rome LLP

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

Blank Rome LLP on

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...more

Proskauer - Law and the Workplace

Seventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA

On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that...more

Kilpatrick

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

Kilpatrick on

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

White & Case LLP

Building a Robust Biometric Compliance Program in the US: A Five-Step Checklist

White & Case LLP on

As companies across industries continue to take advantage of existing and emerging technologies that involve the collection and use of human biometric identifiers, corporate privacy programs must take into account the unique...more

Locke Lord LLP

Where Statutory Privacy Claims Stand After Spokeo: Shaky Ground or Clear Path for Standing?

Locke Lord LLP on

Following Spokeo, Inc. v. Robins,1 lower courts across the country were tasked with applying the Supreme Court’s “concrete” injury standard to a wide range of privacy and cyber claims. These claims range from the improper...more

Hudson Cook, LLP

Seventh Circuit Finds Article III Standing in Biometric Information Collection Case, Deepening Circuit Split

Hudson Cook, LLP on

In a decision issued on May 6, 2020, the U.S. Court of Appeals for the Seventh Circuit held that a plaintiff alleged a concrete injury sufficient to satisfy the Article III "injury-in-fact" requirement for standing when she...more

Foley & Lardner LLP

Seventh Circuit Holds Alleged Violation of Illinois Biometric Information Privacy Act Confers Article III Standing

Foley & Lardner LLP on

The U.S. Court of Appeals for the Seventh Circuit recently rejected a rather unusual argument for a plaintiff in federal court. The plaintiff asserted she lacked Article III standing to pursue her claim, and did so as a basis...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Issues Landmark BIPA Decision

The Seventh Circuit has recently ruled that plaintiffs have standing to enforce the Illinois Biometric Information Privacy Act’s informed consent requirements in federal court. As we have written before, , BIPA regulates the...more

Franczek P.C.

Seventh Circuit Says Employers Can Be Sued in Federal Court for BIPA Violations

Franczek P.C. on

In what some are calling a “bombshell” decision, the 7th Circuit Court of Appeals recently held in Bryant v. Compass Group USA, Inc. that federal courts can now hear cases involving alleged violations of the Illinois...more

Orrick, Herrington & Sutcliffe LLP

Seventh Circuit Bolsters Article III Standing for Actions Under the Illinois Biometric Information Privacy Act

On May 5, 2020, the Seventh Circuit held in Bryant v. Compass Group USA, Inc. that a plaintiff who asserted a violation of the Illinois Biometric Information Privacy Act’s (“BIPA’s”) notice and consent requirements had...more

Seyfarth Shaw LLP

Plaintiffs Push For Preliminary Approval Of $550 Million Settlement In Facebook Privacy Class Action

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Seyfarth Synopsis: Plaintiffs’ lawyers reached a landmark $550 million settlement in January 2020 in a lawsuit against Facebook by consumers in a class action brought under the Illinois Biometric Information Privacy Act (the...more

Proskauer - Law and the Workplace

Seventh Circuit Finds Article III Standing for an Illinois BIPA Claim

On May 5, 2020, the Seventh Circuit held that allegations that a defendant violated the Illinois Biometric Information Privacy Act (“BIPA”) by collecting a biometric information without first obtaining informed consent...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit: BIPA Claims Can Be Heard in Federal Court

Class action litigation under the Illinois Biometric Information Privacy Act (BIPA) has exploded over the last several years. An ongoing issue has been the proper forum for such cases, namely whether there is constitutional,...more

King & Spalding

U.S. Supreme Court Declines to Review Article III Standing Issues Raised in Biometric Privacy Class Action Against Facebook,...

King & Spalding on

On January 21, 2020, the U.S. Supreme Court denied Facebook’s petition for a writ of certiorari to consider whether consumers alleged a sufficiently concrete injury-in-fact in a biometric privacy lawsuit. A group of...more

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