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

By Danielle Kays and Danny Riley, Law Clerk

Seyfarth Synopsis: BNSF Railway seeks a new trial following the verdict against it in the first ever jury verdict in an Illinois Biometric Information Privacy Act (“BIPA”) class action.  BNSF contends that the verdict, which resulted in a court award of $228 million in damages, is unconstitutional and unreasonable given

Continue Reading BNSF Seeks New Trial After First Ever BIPA Jury Verdict Because Damages Are Unconstitutional And Unreasonable

By Danielle Kays and James Nasiri

Seyfarth Synopsis: On October 17, 2022, the U.S. District Court for the Western District of Washington granted Microsoft’s motion for summary judgment on the plaintiffs’ unique class action claims in a case entitled Vance v. Microsoft Corp. The plaintiffs, and Illinois residents, uploaded several pictures of themselves to popular photo-sharing site Flickr, which then

Continue Reading Washington Federal Court Awards Important BIPA Win

By Danielle Kays and James Nasiri

Seyfarth Synopsis: Earlier this week, Seyfarth’s Employment Law Lookout team posted a blog discussing the status of the first ever jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action (Rogers v. BNSF Railway Co.).  Today, the jury–in just over an hour of deliberation–entered verdict for the plaintiff.  This means that the

Continue Reading UPDATE: Jury Quickly Finds Railway Company Liable in First Ever BIPA Trial