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Biometric Information Privacy Act Corporate Counsel

Baker Botts L.L.P.

Amazon and Starbucks Escape Biometric Privacy Class Action in Federal Court

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Amazon and Starbucks notched a decisive win in the fast-evolving world of biometric privacy litigation, securing the full dismissal of a proposed class action in the U.S. District Court for the Western District of Washington....more

Paul Hastings LLP

US Privacy Update: Where Things Stand at the Start of Q2 2025

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Three months into 2025, there appears to be no slowdown in the flood of privacy legislation being considered and enacted by both Congress and state legislatures. Since the California Consumer Privacy Protection Act was passed...more

BCLP

U.S. Biometric Laws & Pending Legislation Tracker - March 2025

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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

McGuireWoods LLP

Illinois Courts Consider Retroactivity of Amendment to Biometric Information Privacy Act

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On Nov. 13, 2024, in Gregg v. Central Transport LLC, the U.S. District Court for the Northern District of Illinois confirmed that Public Act 103-0769 (previously Senate Bill 2979), which amends Illinois’ Biometric Information...more

Clark Hill PLC

End of the BIPA Era? Federal Court Rules BIPA Amendment Applies Retroactively

Clark Hill PLC on

On Nov. 13, Judge Elaine Bucklo of the United States Court for the Northern District of Illinois ruled that the Illinois legislature’s recent amendment to the Illinois Biometric Privacy Act (BIPA) limiting the damages...more

McDermott Will & Emery

Colorado AG Proposes Draft Amendments to the Colorado Privacy Act Rules

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On September 13, 2024, the Colorado Attorney General’s (AG) Office published proposed draft amendments to the Colorado Privacy Act (CPA) Rules. The proposals include new requirements related to biometric collection and use...more

Husch Blackwell LLP

Texas Attorney General Announces First CUBI Settlement

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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

Perkins Coie

“Biometric Identifiers Must Identify”: The Ninth Circuit Clarifies the Scope of BIPA

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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

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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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

WilmerHale

Illinois Legislature Modifies Damages Rule Under BIPA

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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

Baker Donelson

Colorado Enacts BIPA-Like Regulatory Obligations (and More), Ushering in a New Era of Biometrics Regulation in the U.S.

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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

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

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

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

Paul Hastings LLP

Not Enough in Estee Lauder BIPA Suit: Chicago Federal Judge Rules Make-Up "Try On” Technology Doesn't Meet Definition of Biometric...

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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

BCLP

Genetic Privacy: The Next Target in Class Action Litigation for Illinois Employers

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Illinois employers are likely still reeling from the thousands of biometric privacy class action lawsuits that have flooded court dockets over the last 5 years. Another wave is coming—this time, under the Illinois Genetic...more

Vedder Price

Back to the BIPA Norm—Illinois Supreme Court Refuses to Reconsider Cothron Decision

Vedder Price on

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

Pierce Atwood LLP

Enforcing U.S. Consumer Data Privacy Laws Part 3: Private Litigation and Arbitration

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In this third installment on the enforcement of U.S. consumer data privacy laws, we focus on the role of private litigants. Following our discussions of state and federal government enforcement, this post focuses on the third...more

ArentFox Schiff

$228M Damages Award Vacated In Illinois Biometric Privacy Class Action

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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

Paul Hastings LLP

Biometrics in Focus at the FTC

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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

BCLP

U.S. Biometric Laws & Pending Legislation Tracker - June 2023

BCLP on

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

Neal, Gerber & Eisenberg LLP

Client Alert: Illinois Appellate Court Opinion Allows for BIPA Cyber Insurance Policy Claims

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

Husch Blackwell LLP

Proposed State Privacy Law Update: April 17, 2023

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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

Husch Blackwell LLP

Proposed State Privacy Law Update: April 10, 2023

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Keypoint: Last week the Washington Senate passed the My Health My Data Act, the Arkansas legislature passed the Social Media Safety Act, and the Texas House passed the Texas Data Privacy and Security Act....more

Kelley Drye & Warren LLP

Employment Laws Shaping 2023

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

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