News & Analysis as of

Class Action Biometric Information Privacy Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Epstein Becker & Green

Biometric Backlash: The Rising Wave of Litigation Under BIPA and Beyond

Epstein Becker & Green on

Biometric technologies—such as fingerprint scanners, facial recognition systems, and retina scans—are now commonplace in modern business operations....more

Smith Anderson

Brewing Trouble: The Steep Price of Privacy Missteps

Smith Anderson on

A recent high-profile breach at a women-focused dating app underscores how quickly a privacy misstep can escalate into lawsuits and reputational harm. The incident offers a cautionary tale for any company handling sensitive...more

McGlinchey Stafford

Litigation Byte (July 2025 Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Second Department Holds Judicial Estoppel Bars...more

McGlinchey Stafford

Court Finds That Amendment To BIPA Limiting Damages Does Not Apply Retroactively

McGlinchey Stafford on

A district court in Illinois has ruled that an amendment to the Illinois Biometric Information Privacy Act (BIPA) regarding a limitation on damages does not apply retroactively. Background - Plaintiff filed a class action...more

Kilpatrick

Illinois Federal Court Dismisses BIPA Claim Against Hyundai Over Driver Monitoring Technology

Kilpatrick on

A federal court in Illinois has dismissed a class action suit filed under the Illinois Biometric Information Privacy Act (BIPA), finding that Hyundai did not “collect, capture, or otherwise obtain” biometric data by use of...more

Husch Blackwell LLP

Federal Judge Certifies Interlocutory Appeal on Retroactivity of BIPA Amendments

Husch Blackwell LLP on

On June 10, 2025, Judge Georgia N. Alexakis of the U.S. District Court for the Northern District of Illinois issued an order allowing the defendant in an Illinois Biometric Information Privacy Act (BIPA) action to immediately...more

Baker Botts L.L.P.

Amazon and Starbucks Escape Biometric Privacy Class Action in Federal Court

Baker Botts L.L.P. on

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

Troutman Pepper Locke

$51.75M Settlement in Clearview AI Biometric Privacy Litigation Illustrates Creative Resolution for Startups Facing Parallel...

Troutman Pepper Locke on

On Thursday, March 20, a federal judge in the Northern District of Illinois granted final approval to a settlement agreement under which Clearview AI (Clearview) agreed to pay an estimated $51.75 million to a nationwide class...more

Ice Miller

Don’t Forget About Biometric Information Privacy Laws When Implementing AI in the Workplace

Ice Miller on

As employers deal with mounting pressure or desire to implement artificial intelligence in the workplace, they should not forget the laws in several states and localities that place limitations on the use and collection of...more

Robinson+Cole Data Privacy + Security Insider

Skin360 App Can’t Escape Scrutiny under Illinois Biometric Law

A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing...more

BCLP

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

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

WilmerHale

Year in Review: 2024 BIPA Litigation Takeaways

WilmerHale on

Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the...more

Perkins Coie

Privacy Law Recap 2024: Class Actions and Mass Arbitrations

Perkins Coie on

Claims involving the alleged collection and use of consumer data continued to drive trends in privacy class actions and mass arbitrations in 2024. Biometrics Litigation - The Illinois Biometric Information Privacy Act...more

Wiley Rein LLP

Cyber Risks and Insurance 2025 Forecast

Wiley Rein LLP on

As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this...more

Kilpatrick

Northern District of Illinois finds BIPA amendment a “clarification” of existing law and enforces it in pending action

Kilpatrick on

Takeaway: We have written before about the Illinois Biometric Information Privacy Act (BIPA) and the risk of annihilating damages in class actions if every alleged biometric scan or transmittal of that scan for a single...more

Eversheds Sutherland (US) LLP

Plaintiffs’ attorneys continue to test class action theories under New York City’s Biometrics Law

A putative class action complaint filed against the parent company of the New York Mets underscores the need for businesses in New York City to comply with an oft-overlooked law governing the collection and use of consumer...more

Nelson Mullins Riley & Scarborough LLP

Meta's Bid to Dismiss Biometric Privacy Class Action Rejected by Illinois Federal Judge

An Illinois federal judge has denied Meta's attempt to dismiss a biometric privacy class action involving its Messenger and Messenger Kids apps. The plaintiffs, a group of parents and children, allege that Meta unlawfully...more

Foley & Lardner LLP

Illinois Reins in Astronomical Damages Under Biometric Privacy Law

Foley & Lardner LLP on

Illinois employers will no longer face astronomical damages — into the millions or even hundreds of millions of dollars at issue in recent class action lawsuits — for violations of the Biometric Information Protection Act...more

Robinson+Cole Data Privacy + Security Insider

Biometric Data Collection Leads to Class Action Lawsuit under Illinois Privacy Law

Candid Color Systems Inc., based in Oklahoma, faces a class action lawsuit for its alleged violations of the Illinois Biometric Information Privacy Act (BIPA). Candid Colors offers marketing services to photographers,...more

King & Spalding

Illinois BIPA Reform Takes Effect

King & Spalding on

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

Seyfarth Shaw LLP

Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

Seyfarth Shaw LLP on

Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more

Morgan Lewis

Key Takeaways: Developments and Trends in Privacy Law: a Look at BIPA and Wiretapping Litigation

Morgan Lewis on

The latest developments under the Biometric Information Privacy Act (BIPA) and a recent wave of wiretapping class actions and arbitrations against website operators and third-party analytics companies are analyzed in a recent...more

Benesch

Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

Benesch on

Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the...more

Perkins Coie

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

Perkins Coie on

In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more

Robinson+Cole Data Privacy + Security Insider

Marriott Faces Class Action for Alleged Violation of Illinois Biometrics Law

Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more

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