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 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 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 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
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