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Biometric Information Privacy Act

Ice Miller

Illinois Appellate Court Holds Government Contractor Exemption Under BIPA

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The Illinois Biometric Information Privacy Act (BIPA) contains an exemption in Section 25(e) of the Act that provides BIPA does not apply to a government contractor (the “Government Contractor Exemption.”)...more

Thompson Coburn LLP

Seventh Circuit Holds BIPA Damages Amendment Applies Retroactively

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The U.S. Court of Appeals for the Seventh Circuit recently resolved a critical question left open by Illinois’ August 2, 2024 amendment to the Biometric Information Privacy Act (“BIPA”): whether the amendment applies...more

Blank Rome LLP

Seventh Circuit Issues Seminal Decision Holding BIPA Amendment Applies Retroactively

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In a highly anticipated decision, the United States Court of Appeals for the Seventh Circuit held on April 1, 2026, that Illinois’ 2024 amendment to the Biometric Information Privacy Act (“BIPA”) applies retroactively,...more

Sheppard

Seventh Circuit Reins in BIPA Exposure

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Privacy compliance obligations continue to evolve quickly, as lawmakers and regulators refine rules governing data collection and security. As biometric technologies become more common in workplace and consumer-facing...more

Jackson Lewis P.C.

The Government Mandated “Kill Switch” Coming to a Vehicle Near You

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Every so often a law that was passed years ago quietly becomes a present-day compliance reality. Section 24220 of the 2021 Infrastructure Investment and Jobs Act is one of those laws. Tucked into an eleven-hundred-page...more

Goodwin

AI Transcription Tools Under Scrutiny: Navigating Privacy Risks and Practical Mitigation Strategies

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The past few years have seen a wide variety of AI-powered innovations which have transformed the workplace. Of these tools, AI-powered automated transcription and note-taking technologies have become some of the most...more

Amundsen Davis LLC

Seventh Circuit Ruling Curbs BIPA Damages for Illinois Businesses

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In a major win for businesses facing Biometric Information Privacy Act (“BIPA”) claims, the U.S. Court of Appeals for the Seventh Circuit recently held that the 2024 amendment limiting damages applies retroactively to cases...more

Clark Hill PLC

Right To Know - April 2026, Vol. 40

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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Paul Hastings LLP

Double Trouble: Where Biometrics and AI Converge, Exposure Compounds

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Companies are increasingly combining biometric information with artificial intelligence (AI) tools — and privacy plaintiffs are taking notice. The collection of biometric information and use of AI each independently present...more

Sheppard

Seventh Circuit Confirms No “Per Scan” Damages

Sheppard on

Companies have been concerned about the weaponization of BIPA, Illinois’s biometric privacy law. As many are well aware, BIPA contains a private right of action, which has resulted in a flood of BIPA suits in the state. A...more

Freeman Mathis & Gary

Ethical ramifications of using AI in attorney-client conversations

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On December 22, 2025, the New York City Bar issued a formal opinion on the ethics for AI use in the recording, transcription, and summarization of conversations between attorneys and clients. The opinion of the Professional...more

Levenfeld Pearlstein, LLC

A Major Court Win for Businesses — But BIPA Compliance Still Matters

A federal appeals court just handed businesses a significant victory in Illinois biometric privacy litigation, but companies still face important obligations under Illinois’ Biometric Information Privacy Act (BIPA). On...more

Jackson Lewis P.C.

AI Meeting Assistants and Biometric Privacy: Governance Lessons from the Fireflies.AI Lawsuit

Jackson Lewis P.C. on

A putative class action filed in December 2025 in the U.S. District Court for the Central District of Illinois offers a reminder that AI meeting assistant and transcription tools potentially carry significant legal exposure...more

DLA Piper

Seventh Circuit Holds BIPA’s 2024 Damages Amendment Applies Retroactively

DLA Piper on

In 2024, the Illinois General Assembly amended the Illinois Biometric Information Privacy Act (“BIPA”) to clarify that an individual cannot seek recovery for multiple alleged violations of BIPA when those violations concern...more

Vedder

BIPA Bellwether: Seventh Circuit Finds Damages Limitation Retroactive

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Last week, the Seventh Circuit gave a significant victory to defendants facing claims under the Illinois Biometric Privacy Act (“BIPA”), holding that a 2024 amendment limiting damages available to a prevailing plaintiff...more

Shook, Hardy & Bacon L.L.P.

BIPA Amendment Precluding Per-Scan Recovery Held Retroactive

In Clay v. Union Pacific Railroad Co., the U.S. Court of Appeals for the Seventh Circuit predicted that the Illinois Supreme Court would hold that the legislature’s amendment to the Illinois Biometric Information Privacy...more

McGuireWoods LLP

Seventh Circuit Delivers Major Win for Businesses By Holding BIPA Damages Amendment Applies Retroactively

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On April 1, 2026, the U.S. Court of Appeals for the Seventh Circuit, which consolidated three interlocutory appeals, issued a significant ruling in Clay v. Union Pacific Railroad Co., that resolves the question of whether...more

ArentFox Schiff

Damages-Limiting Amendment to BIPA Applies Retroactively

ArentFox Schiff on

Last week, a unanimous Seventh Circuit panel concluded that the Illinois General Assembly’s recent change to the calculation of statutory damages under Illinois’ Biometric Information Privacy Act (BIPA) applies retroactively...more

Paul Hastings LLP

7th Circuit Confirms BIPA Amendment Has Retroactive Application

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On April 1, 2026, the U.S. Court of Appeals for the 7th Circuit issued a long-awaited opinion concerning the proper construction of an August 2024 Amendment (SB 2979) to the Illinois Biometric Information Privacy Act (BIPA)....more

Coblentz Patch Duffy & Bass

BIPA Damages Limitation Applies Retroactively

The Seventh Circuit recently confirmed that the 2024 amendment to the Illinois Biometric Information Privacy Act (“BIPA”) would apply retroactively, effectively limiting the available statutory damages under the statute....more

Shook, Hardy & Bacon L.L.P.

Biometric Privacy Client Alert | April 2026 | BIPA Amendment Precluding Per-Scan Recovery Held Retroactive

A Seventh Circuit ruling predicting the Illinois Supreme Court’s stance on per-scan recovery takes significant wind out of plaintiffs’ sails....more

Jackson Lewis P.C.

BIPA Cases: 7th Circuit Rules Change to Illinois Law’s Damages Provision Retroactively Limits Defendant Exposure

Jackson Lewis P.C. on

On April 1, 2026, a unanimous panel of the U.S. Court of Appeals for the Seventh Circuit issued a significant ruling foreclosing the possibility of “per-scan” damages under the Illinois Biometric Information Privacy Act...more

Polsinelli

Seventh Circuit Court of Appeals Holds That BIPA Amendment Limiting Damages Applies Retroactively

Polsinelli on

Key Takeaways - The Seventh Circuit held that the BIPA damages cap applies retroactively to pending cases....more

Fisher Phillips

Major Biometric Win for Business in Illinois: 3 Lessons as Federal Appeals Court Says BIPA Damages Limit Applies Retroactively to...

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A federal appeals court just handed Illinois businesses a significant victory, holding that the 2024 amendment to BIPA capping damages at one recovery per person – not one per scan – must be applied to all cases already...more

HaystackID

FTC’s OkCupid Action Reframes AI Training Data as a Consumer Protection Issue

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Nearly three million dating-app users never knew their photos ended up training a facial recognition system. On March 30, the Federal Trade Commission settled with Match Group Americas and its subsidiary Humor Rainbow, Inc. —...more

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