Biometric

On August 2, 2024, Illinois’ governor signed into law S.B. 2979, a significant amendment to the Illinois Biometric Information Privacy Act (BIPA). The bill states that an entity that, in more than one instance, obtains the same biometric identifier or biometric information from the same person using the same method of collection, in violation of BIPA’s notice and consent requirement has committed a single violation. As a result, each aggrieved person is entitled to, at most, one recovery for a single collective violation.Continue Reading Illinois Enacts BIPA Amendment Limiting Violation Accrual

Following a week-long trial, a jury in Illinois awarded a plaintiff class of truck drivers a $228 million verdict against BNSF Railways for violations of the Illinois Biometric Information Privacy Act (“BIPA”).  The large verdict, arising from the first case to go to trial under the 2008 law, highlights the potential impact of class actions brought under this statute.Continue Reading Illinois BIPA jury verdict highlights rising prominence of class actions based on state privacy statutes

On Thursday, the Illinois Supreme Court unanimously ruled in McDonald v. Symphony Bronzeville Park LLC that the exclusivity provisions of the state’s workers’ compensation statute do not preclude liquidated damages claims under the Biometric Information Privacy Act.  The decision narrows the defenses available to employers facing employment-related BIPA claims.Continue Reading Illinois Supreme Court Rules Workers’ Compensation Act Does Not Bar BIPA Liquidated Damages Claims