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Biometric Information Privacy Act Private Right of Action

Davis Wright Tremaine LLP

Illinois Revises Biometrics Law To Reduce the Prospect of "Ruinous" Damage Awards

In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more

King & Spalding

Illinois BIPA Reform Takes Effect

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The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

Husch Blackwell LLP

BIPA Amendment Bill Signed into Law

Husch Blackwell LLP on

On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law. The bill amends the Illinois Biometric Information Privacy Act (BIPA) to limit the number of claims that can be brought under the law’s private right...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

King & Spalding

Is Illinois’ GIPA the Next BIPA?

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Perhaps in response to recent success pursuing claims under Illinois’ Biometric Information Privacy Act (BIPA), the plaintiffs’ bar is now also pursuing class actions against employers under another unique Illinois privacy...more

BakerHostetler

Examining the Likely Impact of Washington’s My Health, My Data Act on Class Action Litigation Involving Biometric Data

BakerHostetler on

On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act...more

Farella Braun + Martel LLP

BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders

Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified...more

Davis Wright Tremaine LLP

U.S. District Court Holds That BIPA's Liquidated Damages Are Discretionary

The U.S. District Court for the Northern District of Illinois, Eastern Division, issued an order on June 30, 2023, that may substantially alter the risk exposure for entities sued for violations of the Illinois Biometric...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

BIPA Accrual Will Not Be Reconsidered By Illinois Supreme Court

On July 18, 2023, the Illinois Supreme Court denied a rehearing on the issue of Biometric Information Privacy Act (BIPA) accrual. The request for rehearing derived from an opinion by the 7th Circuit, Cothron v. White Castle...more

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

Foley & Lardner LLP

Considering Using Biometric Information? Adopt a Biometric Policy Now

Foley & Lardner LLP on

Businesses and organizations operating in Illinois – including any business with an online presence accessible to residents of Illinois – should remain vigilant of the ever-changing set of pitfalls stemming from the Illinois...more

Woods Rogers

Biometric Privacy Trial Is a Milestone in Privacy Law

Woods Rogers on

Generally, biometric privacy laws seek to protect the unique attributes of human beings that could be leveraged to access sensitive information about them, such as fingerprints and the measurements utilized for facial...more

Benesch

First Ever BIPA Trial Results in a $228 million Judgement Against Railway Company that Relied on Third Party Vendor to Collect...

Benesch on

The judgement, which came down last week, exemplifies the risk of biometric information collection in Illinois and the risk that can result from relying solely on third party vendors. On October 12, 2022, a jury found...more

Troutman Pepper

A Fresh “Face” of Privacy: 2022 Biometric Laws

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Q: What states have biometric laws and what does this mean for my company? ...more

King & Spalding

All Eyes on Texas After Filing First Enforcement Action Under State's Biometric Privacy Law

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The Attorney General for the State of Texas recently filed suit against Meta (formerly Facebook) alleging that the company violated the Texas Capture and Use of Biometric Identifier Act (“CUBI”) and the Texas Deceptive Trade...more

Levenfeld Pearlstein, LLC

Illinois Supreme Court to Decide Biometric Data Case with Far-Reaching Implications for Employers

Illinois’ Biometric Information Privacy Act (BIPA) continues to generate buzz and significant litigation. In 2020, ADP and Facebook each entered into multi-million dollar settlements to resolve claims that they violated the...more

Holland & Knight LLP

NYC Passes Biometric Data Protection Laws Aimed at Businesses, Smart Access Building Owners

Holland & Knight LLP on

New York City has set its sights on biometric data protection this summer, passing two laws regulating the use of biometric information within the same month. The New York City Council amended its administrative code on July...more

Rivkin Radler LLP

Businesses Face New Litigation Risk Over Biometric Information

Rivkin Radler LLP on

Social media has played an oversized role in lawsuits under state and local biometric privacy laws, including especially the Illinois Biometric Information Privacy Act (BIPA). See, e.g., Thornley v. Clearview AI, Inc., 984...more

King & Spalding

New York City Restricts Use of Biometric Data

King & Spalding on

On July 9, 2021, new restrictions on biometric monitoring similar to the Illinois Biometric Information Privacy Act (BIPA) were added into New York City’s administrative code (N.Y.C. Admin. Code §§ 22-1201 et. seq.). These...more

Fox Rothschild LLP

NYC Biometrics Law Brings Hefty Fines For Noncompliance

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A new biometric data collection law will go into effect in New York City next month that is likely to catch many businesses unprepared and not in compliance. This new law applies to any business operating a “place of...more

Seyfarth Shaw LLP

New York City’s New Biometric Privacy Law Goes Into Effect July 9, 2021

Seyfarth Shaw LLP on

Seyfarth Synopsis: New York City’s new biometric privacy ordinance creates a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability. Employers who do...more

Jackson Lewis P.C.

NYC Creates BIPA-Like Requirements For Retail, Hospitality Businesses Concerning Biometric Information Collected From Customers

Jackson Lewis P.C. on

Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities. ...more

Benesch

IRPA Claims - A Troubling New Trend?

Benesch on

In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1 et seq....more

Bradley Arant Boult Cummings LLP

Biometric Privacy Law Expansions and Private Rights of Action

The days of only seeing biometric techniques in spy films are well behind us. A simple thumbprint can open a phone. Systems like Alexa can recognize your voice and play your favorite music. Some banks even allow customers to...more

International Lawyers Network

Don’t Smile at the Camera – New Biometric Data Laws

Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more...more

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