By Paul Yovanic Jr. and Michael Jacobsen
Seyfarth Synopsis: 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 arising from recent legal interpretations of the Illinois Biometric Information Privacy
Continue Reading BIPA LEGISLATIVE UPDATE: Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery
By Paul Yovanic, Kristine R. Argentine, and Michael D. Jacobsen
In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to limit damages to one violation per individual, rather than each instance their biometric
Continue Reading Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor’s Signature
By Paul Yovanic and Kristine R. Argentine
Seyfarth Synopsis: We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois.
Last week, the Illinois Senate took a decisive step by passing Senate Bill 2979, aimed at refining the statutory damages outlined in BIPA to
Continue Reading Illinois BIPA Legislative Update Regarding Damages
By Kristine Argentine and Paul Yovanic Jr.
Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a somber note with the Illinois Supreme Court delivering unfavorable decisions on two pivotal threshold matters. However, rays of hope emerged when
Continue Reading Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions
By Danielle Kays and James Nasiri
Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private entity scans or transmits an individual’s biometric data. (Seyfarth’s analysis of this decision can be found HERE.) Defendant
Continue Reading Illinois Supreme Court Upholds Per-Scan Damages for BIPA Claims
By Danielle Kays and James Nasiri
Seyfarth Synopsis: The U.S. District Court for the Northern District of Illinois recently denied Plaintiff’s motion to reconsider a prior dismissal of his privacy action due to untimeliness. In a case titled Bonilla, et al. v. Ancestry.com Operations Inc., et al., No. 20-cv-7390 (N.D. Ill.), Plaintiff alleged that consumer DNA network Ancestry DNA violated the
Continue Reading Federal Court Rejects Application of BIPA Statute of Limitations to Privacy Act Violations
By Danielle Kays, and Danny Riley, Law Clerk
Seyfarth Synopsis: On March 23, 2023, the Illinois Supreme Court unanimously affirmed the appellate court’s decision in Walton v. Roosevelt University, ruling that the Labor Management Relations Act (“LMRA”) preempts the Illinois Biometric Privacy Information Act (“BIPA”). Following recent BIPA decisions that have ramped up the risk of liability
Continue Reading “BIPA Win For Union Employers: Union Employees’ BIPA Claims Are Preempted”
By Danielle Kays, Paul Yovanic, Jr., and Sarah Bauman
Seyfarth Synopsis: Today, the Illinois Supreme Court issued its second Illinois Biometric Privacy Act (BIPA) decision in the past two weeks, ruling in Cothron v. White Castle System that claims under BIPA accrue each time a person scans or otherwise transmits his or her biometric information. This 4-3
Continue Reading Illinois Supreme Court Holds A BIPA Claim Accrues Upon Every Scan Or Transmission
By Danielle Kays, Sarah Bauman, and James Nasiri
Seyfarth Synopsis: The Illinois Supreme Court issued its highly-anticipated decision in Tims v. Black Horse Carriers this week, ruling that a five-year statute of limitations applies to all claims under the Illinois Biometric Privacy Act (“BIPA”). The Court’s decision (available here) answers a years-old question regarding the
Continue Reading BIPA Floodgates Remain Open: Illinois Supreme Court Rules Generous 5-Year Statute Of Limitations Applies To All Illinois Biometric Information Privacy Act Claims
By Danielle Kays and James Nasiri
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 initiated by a former employee of the Defendant metal finisher, alleging that Defendant violated the Illinois Biometric Information Privacy
Continue Reading Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric Data