On August 2, 2024, Illinois Governor JB Pritzker signed a law that clarifies that the state’s Biometric Information Privacy Act (Privacy Act or BIPA) does not provide for per-scan damages, legislatively overruling the Supreme...more
The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more
8/12/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facial Recognition Technology ,
Online Platforms ,
Prior Express Consent ,
Privacy Laws ,
Risk Mitigation ,
Sensitive Personal Information ,
Settlement ,
Social Media ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
The Illinois General Assembly has passed a bill prohibiting claims for per-scan damages under the Biometric Information Privacy Act (Privacy Act or BIPA), legislatively overruling the Supreme Court of Illinois’s...more
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
An Illinois federal court recently rejected an online eyewear retailer’s request for attorneys’ fees as the prevailing party in a Biometric Information Privacy Act (BIPA or Privacy Act) class action over its virtual try-on...more
On July 18, 2023, the Supreme Court of Illinois declined to reconsider its February 2023 holding that claims under the state’s Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or...more
7/24/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Calculation of Damages ,
Damages ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Fingerprints ,
IL Supreme Court ,
Personal Data ,
Petition For Rehearing
A federal judge in the Northern District of Illinois vacated a $228 million damages award issued following the first-ever jury verdict in an Illinois Biometric Information Privacy Act (Privacy Act or BIPA) class action and...more
7/20/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Damages ,
IL Supreme Court ,
Intentional Torts ,
Jury Trial ,
Jury Verdicts ,
Liability ,
Privacy Laws ,
Recklessness ,
State Privacy Laws ,
Statutory Violations ,
Vicarious Liability
A federal judge in Illinois recently ruled that online shoppers cannot sustain claims that a virtual try-on (VTO) tool that allegedly scans facial geometry to preview the look of sunglasses on their face violates the...more
4/7/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
E-Commerce ,
Exemptions ,
Facial Recognition Technology ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Putative Class Actions ,
Subject Matter Jurisdiction
On February 17, 2023, the Supreme Court of Illinois held claims under the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or collection and further allowed so-called per scan...more
On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations.
The...more
2/6/2023
/ Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Damages ,
Data Collection ,
Data Privacy ,
Employment Litigation ,
Employment Policies ,
Fingerprints ,
Former Employee ,
IL Supreme Court ,
Privacy Laws ,
State Privacy Laws ,
Statute of Limitations
On November 3, 2022, an Illinois circuit court judge dismissed a Biometric Information Privacy Act (Privacy Act or BIPA) putative class action against Samsara, Inc., a DashCam developer. DashCam is a safety technology for...more
11/11/2022
/ App Developers ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Dashcams ,
Data Collection ,
Prior Express Consent ,
Putative Class Actions ,
Safety Equipment ,
Video Recordings ,
Written Consent
On October 12, 2022, a federal jury in the U.S. District Court for the Northern District of Illinois concluded that a company violated the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) 45,600 times...more
On September 8, 2022, an Illinois federal judge dismissed with prejudice a Biometric Information Privacy Act (Privacy Act or BIPA) class action against an online eyewear retailer over its virtual try-on (VTO) tool,...more
On February 3, 2022, in McDonald v. Symphony Bronzeville Park, LLC, the Illinois Supreme Court held the exclusive remedy provisions of the Illinois Workers’ Compensation Act (“Compensation Act”) do not preempt employee...more
It’s time for employers to start preparing for legislation recently signed into law in Illinois, the Artificial Intelligence Video Interview Act. The new law, which takes effect on January 1, 2020, regulates Illinois...more
11/25/2019
/ Artificial Intelligence ,
Data Collection ,
Data Retention ,
Employer Liability Issues ,
Facial Recognition Technology ,
Hiring & Firing ,
Human Resources Professionals ,
Interviews ,
Job Applicants ,
New Legislation ,
Recruitment Policies ,
State Labor Laws ,
Videoconference
The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some...more
2/4/2019
/ Actual Injuries ,
Amusement Parks ,
Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
FACTA ,
Fingerprints ,
IL Supreme Court ,
Injunctive Relief ,
Liquidated Damages ,
Personally Identifiable Information ,
Private Right of Action ,
Putative Class Actions