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, 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 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 WinBy 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 TrialBy Danielle Kays and James Nasiri
Seyfarth Synopsis: Last week, the first jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action case began in the U.S. District Court for the Northern District of Illinois in a case entitled Rogers v. BNSF Railway Company. Leading up to trial, BNSF contended that, because it hired a third-party vendor to
Continue Reading Railway Company Proceeds With First Ever BIPA Jury Trial in Federal District Court in ChicagoBy Danielle Kays and James Nasiri
Seyfarth Synopsis: On September 22, 2022, the Illinois Supreme Court heard oral arguments in an Illinois Biometric Information Privacy Act (“BIPA”) case entitled Tims v. Black Horse Carriers, Inc. Following an Illinois appellate court’s decision that a one-year limitations period applies to certain sections of the Act while a five-year period applies to other
Continue Reading Illinois Supreme Court Hears Arguments on the Proper Limitations Period for BIPA Claims in Tims v. Black Horse Carriers
By Jennifer A. Riley, Alex W. Karasik, and Tyler Z. Zmick
Seyfarth Synopsis: In Sosa v. Onfido, Inc., No. 20-CV-4247, 2022 U.S. Dist. LEXIS 74672 (N.D. Ill. Apr. 25, 2022), the Court issued the latest plaintiff-friendly decision under the Illinois Biometric Information Privacy Act (“BIPA”), putting businesses and employers on notice that the statute can apply to photographs
Continue Reading Picture This: Illinois Federal Court Holds That BIPA Applies To Photographs