Biometric Litigation
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
Digital Planning Podcast Episode: Understanding Biometrics and the Impact on Estate Planning
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement
JONES DAY PRESENTS® The Impact of Digital Health on Research and Clinical Trials
#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
Keypoint: The Texas Attorney General reached a $1.4 billion settlement with Meta over its alleged violations of Texas’ biometric privacy law. On July 30, 2024, the Texas Attorney General announced that it has reached a $1.4...more
We are pleased to inform you about a recent development in the Illinois Biometric Information Privacy Act (BIPA) law that could significantly impact businesses using biometric data. Last week, in the case of GT v. Samsung...more
The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more
Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more
On May 16, 2024, the Illinois General Assembly joined the Illinois Senate in approving S.B. 2979, a bill that amends the state’s landmark Biometric Information Privacy Act (BIPA) by limiting plaintiffs’ potential damages...more
In late April, Colorado took a major step toward adding further complexity to the already fragmented U.S. biometrics legal landscape with the passage of HB 1130. The bill, which amends the Colorado Privacy Act (CPA), is...more
A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15. In...more
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
A Chicago federal judge has provided further insight into how Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”) claims will be reviewed. In a January 10th ruling, a U.S. District Court dismissed a...more
In a highly anticipated decision issued in February 2023, the Illinois Supreme Court held that a separate claim accrues under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.) each...more
In the closely-watched first case to go to trial under the Illinois Biometric Information Privacy Act (BIPA), a federal judge has now vacated a $228 million award of statutory liquidated damages. The judge concluded that...more
Two recent actions by the Federal Trade Commission (“FTC”) reveal a potentially significant shift in its regulatory and potential prosecutorial focus to companies that use, obtain, share, disclose, disseminate, and/or store...more
The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more
The Illinois Appellate Court recently issued the first-ever opinion regarding insurance coverage for claims under the Illinois Biometric Information Privacy Act (BIPA) involving a cyber insurance policy. The Court’s finding...more
Keypoint: Last week the Indiana legislature passed a consumer data privacy bill. Below is the fourteenth weekly update on the status of proposed state privacy legislation in 2023. The big news last week was the Indiana...more
2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button...more
Biometric technology, and the corresponding regulation thereof, has dramatically expanded in recent years. While most people may be familiar with fingerprint scanning and facial recognition, audio recognition has grown...more
Plaintiffs have filed two putative class action complaints in 2023, alleging violations of New York City’s relatively new biometric information privacy law, signaling a new potential avenue for class action plaintiffs’ lawyer...more
Since the start of the 2023 legislative session, at least 15 biometric privacy law proposals have emerged across 11 states (including Arizona, Hawaii, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New York,...more
Right on the heels of the Illinois Supreme Court’s decision in Tims, the Court delivered yet another crushing blow to Illinois businesses in Cothron v. White Castle System, Inc. Answering the crucial question of when a...more
In a significant shift in law, the Illinois Supreme Court recently held that all claims under the Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. This reverses prior case law that...more
With state legislatures opening across the country, lawmakers in numerous states are introducing bills to regulate private entities’ processing of biometric information. These bills, many of which are similar to the Illinois...more
Despite its enactment in 2008, the Illinois Biometric Information Privacy Act’s (BIPA) legal standards were largely undeveloped until its emergence to the main stage circa 2017. But with the decisions in Rosenbach v. Six...more
In Mora v. J&M Plating, Inc., No. 2-21-0692, 2022 IL App (2d) 210692 (Ill. App. Ct. 2d Dist. Nov. 30, 2022), the Illinois Second District Court of Appeals held that Illinois’ Biometric Information Privacy Act (BIPA or Act)...more
Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was...more