News & Analysis as of

Data Collection Biometric Information Privacy Act Consent

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

K&L Gates LLP

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

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New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s...more

Benesch

Illinois Amends Biometric Information Privacy Act to Reign in Liquidated Damages and Permit Electronic Signatures

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The amendments clarify that a plaintiff is only entitled to liquidated damages for up to one violation per person. Businesses had previously faced steep settlements or damage awards into the billions of dollars....more

Robinson+Cole Data Privacy + Security Insider

Illinois Biometric Information Privacy Act Amendment May Make Waves in Litigation Trends

Last week, Illinois Governor JB Pritzker signed S.B. 2979 to amend the Biometric Information Privacy Act (BIPA) immediately to define the repeated collection of the same biometric data without consent as a SINGLE, COLLECTIVE...more

Seyfarth Shaw LLP

BIPA Damages Reform Bill Signed in Illinois

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On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability...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

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

BakerHostetler

Examining the Likely Impact of Washington’s My Health, My Data Act on Class Action Litigation Involving Biometric Data

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On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act...more

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

Does your business collect or use fingerprints?  Do your building access points use retina, finger, or palm scans?  Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more

Foley & Lardner LLP

Illinois’s Biometric Law Damages Are Ballooning: How Do Employers Become and Stay Compliant?

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One of the more significant Illinois legal developments in the past month were two Illinois Supreme Court orders interpreting the state’s onerous Biometric Information Protection Act (BIPA). We recently examined how these...more

Clark Hill PLC

Each Scan an Accrual: Long-awaited Illinois Supreme Court Decision Renders Risk of BIPA Claims Catastrophic

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On Feb. 17, in a close 4-3 decision, the Illinois Supreme Court in Cothron v. White Castle System, Inc., 2023 IL 128004, ruled that a claim under the Illinois Biometric Information Privacy Act (“BIPA”) accrues with every scan...more

Miller Canfield

The $17 Billion Slider? Illinois Supreme Court Decides White Castle BIPA Case

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The landscape of biometric privacy just became both more settled and unsettling for companies using biometrics. On February 17, 2023, the Illinois Supreme Court held that each scan or transmission of a person’s biometric...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

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On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

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

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

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

Seyfarth Shaw LLP

Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric...

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Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was...more

Levenfeld Pearlstein, LLC

Jury Awards Plaintiffs $228 Million in Illinois Biometrics Class Action

In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more

Amundsen Davis LLC

BIPA Strikes Again: $228 Million Verdict Awarded in First BIPA Jury Trial

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If companies that employ Illinois residents and use any type of equipment to scan fingers, hands, face, or eyes were not yet aware of and concerned by the Illinois’ biometric privacy law, the Illinois Biometric Privacy Act...more

King & Spalding

Seventh Circuit, Illinois Appellate Court Consider When BIPA Claims Accrue

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In a pair of decisions issued in late December, both the Illinois Appellate Court and the Seventh Circuit Court of Appeals considered whether claims brought under the Illinois Biometric Information Privacy Act (“BIPA”) accrue...more

UB Greensfelder LLP

Time After Time: Illinois Supreme Court Asked To Decide When Statute of Limitations Accrues for BIPA Violations

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The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires businesses to notify individuals before collecting their biometric identifiers such as fingerprints (click here to read our previous client...more

Patterson Belknap Webb & Tyler LLP

New York Gets Ready to Jump on the Biometric Bandwagon

Companies that do business in New York or with New Yorkers could soon face an onslaught of biometric privacy-related litigation, courtesy of New York Assembly Bill 27, the Biometric Privacy Act (“BPA”). Currently pending...more

Saul Ewing LLP

Recent Illinois State and Federal Court Decisions Governing the Illinois Biometric Information Privacy Act

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Since the Illinois Supreme Court held in Rosenbach v. Six Flags Entertainment Corp. in 2019 that a plaintiff need not show actual injury to bring an Illinois Biometric Information Privacy Act (“BIPA”) claim in state court,...more

International Lawyers Network

Don’t Smile at the Camera – New Biometric Data Laws

Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more...more

Fisher Phillips

New York State to Consider Biometric Privacy Law, Again

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A bipartisan group of New York state lawmakers recently introduced privacy legislation that would impose new obligations on businesses related to biometric identifiers and biometric information. The Biometric Privacy Act...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | September 2019

California Adds Biometric Restrictions to Data-Breach Law, Potentially Creating a De Facto Biometric Privacy Law Subject to the governor’s signature, California’s breach-notification law will gain additional requirements...more

Troutman Pepper Locke

Biometrics: Illinois Supreme Court Allows No-Injury Biometric Information Privacy Act Claims in Complete Victory for Plaintiffs'...

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On January 25, 2019, the Illinois Supreme Court held that plaintiffs can assert claims and recover statutory damages under Illinois’s Biometric Information Privacy Act (BIPA) based on a bare violation of the statute without...more

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