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Data Collection Statutory Damages

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

Fisher Phillips

Breaking BIPA News: Illinois Curtails Massive Damage Awards in Biometric Cases

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Nearly one and a half years after the Illinois Supreme Court saddled businesses with the potential for massive damage awards under the state’s landmark biometric law, Governor J.B. Pritzker just signed into law amendments...more

Baker Donelson

BIPA Amendments Passed by Illinois Legislature: What Companies Need to Know

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The Illinois General Assembly recently passed Senate Bill 2979 (SB 2979), an important piece of legislation that makes several much-needed amendments to the Illinois Biometric Information Privacy Act (BIPA). SB 2979 is now at...more

Benesch

Illinois Lawmakers Moving Forward with Bill to Cap Penalties for “Per Scan” Violations under BIPA

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Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Lawmakers Nearing Passage of Bill to Stop ‘Per-Scan’ Damages for Privacy Act Violations

The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more

Cozen O'Connor

Illinois BIPA Reform 2024 – Back Where We Started or Moving Forward?

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Last week, the Illinois Senate advanced the first significant BIPA amendment (SB 2979), passing it in the Senate by a vote of 46-13. The bill has broad Democratic support, and groups that have traditionally opposed BIPA have...more

Seyfarth Shaw LLP

Illinois BIPA Legislative Update Regarding Damages

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We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois....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

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

Fisher Phillips

Illinois Supreme Court Makes Clear that Workers’ Compensation Law Does Not Preempt States’ Biometric Information Privacy Act

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Yesterday, at long last, the Illinois Supreme Court issued a decision making clear that state workers’ compensation law does not preempt employment-based claims arising under the Biometric Information Privacy Act (BIPA). The...more

Holland & Knight LLP

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

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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

BCLP

FAQ: What is Session Replay Software and why is it under attack?

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Session Replay Software is a type of software typically utilized by businesses with consumer-facing websites. These businesses are typically very interested in making their website more interactive and responsive to consumer...more

Husch Blackwell LLP

Florida House Passes Consumer Data Privacy Legislation

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Keypoint: Florida moved one step closer to passing consumer data privacy legislation although differences between the House and Senate bills need to be resolved if the legislation is to pass the legislature. On April 21,...more

Womble Bond Dickinson

States Gear Up to Limit Use of Biometrics and Biological Data

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This may be the year when the limitation of biometric capture goes national. Right now, companies using biometrics are driven by one state law, but others could soon join....more

Ballard Spahr LLP

Facebook BIPA Class Settlement Receives Preliminary Approval

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On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation,...more

Carlton Fields

[Webinar] The California Consumer Privacy Act: Are You Ready? - August 25th, 3:00 pm - 4:00 pm EDT

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Join in-house counsel, chief privacy and information officers, and C-suite leaders for an in-depth program featuring Carlton Fields' Cybersecurity and Privacy attorneys. For companies subject to the CCPA, the law ushered...more

BakerHostetler

CCPA Notice Requirements for Statutory Damages

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Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes...more

King & Spalding

Ninth Circuit Affirms Certification Of Biometric Privacy Class Action Against Facebook

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On August 8, the Ninth Circuit issued a highly anticipated decision affirming the district court’s certification of a class of Facebook users who suffered alleged violations of the Illinois Biometric Information Privacy Act...more

Robinson+Cole Data Privacy + Security Insider

Hotel Chain Hit with Class Action Alleging “Misuse” of Biometric Data

Hotel chain Fillmore Hospitality, LLC is the latest target of a proposed class action complaint filed this week, alleging violation of the Illinois Biometric Information Privacy Act (BIPA)....more

Sheppard Mullin Richter & Hampton LLP

Proposed Massachusetts Consumer Data Privacy Law Takes Lessons From Illinois’ Biometric Law

After Illinois passed its Biometric Information Privacy Act in 2008 (“BIPA”), other states have begun enacting legislation regulating business activities relating to biometric information. Texas and Washington were next,...more

BCLP

Avoiding the California Privacy and Security Litigation Tsunami: CCPA FAQ: Does the CCPA’s Statutory Damages And Other Provisions...

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Companies that do business in California know that it is a magnet for class action litigation. The California Consumer Privacy Act ("CCPA"), a new privacy law that applies to data collected about California residents, will...more

Williams Mullen

Illinois Supreme Court Advances Individual’s Right to Relief from Misuse of Personal Information

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The extent to which individuals may seek relief due to the unauthorized use of their personal information is an important issue in the privacy community. The Supreme Court of Illinois recently added its voice to this debate...more

McDermott Will & Emery

Biometric Privacy Update – Actual Harm Not Required

Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more

Fenwick & West LLP

California’s New Landmark Data Privacy Regulation and What Companies Need to Do to Comply

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What You Need to Know Now - • The new law takes effect January 1, 2020, but there’s a lot to do so you need to start work now. • The new law expands the definition of personal information and gives California consumers...more

Snell & Wilmer

What’s Unique About the California Consumer Privacy Act

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The California Consumer Privacy Act of 2018 (“CCPA”) offers a new, very broad framework for data protection with increased obligations for businesses, and its reach is far and wide. It was passed in a whirlwind seven days. On...more

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