Illinois Biometric Information Privacy Act (BIPA)

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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, 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
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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: 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

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

By Karla Grossenbacher, Thomas E. Ahlering, and Andrew R. Cockroft

Seyfarth Synopsis: Both Portland and New York City have followed the example set by Illinois’ Biometric Information Privacy Act (“BIPA”), a statute that has spawned thousands of cookie-cutter class action suits regarding the alleged collection of biometric information. Like BIPA, these new ordinances create a private right of …
Continue Reading Portland, OR and New York City Follow Illinois’ Lead on Private Rights of Action in Biometric Privacy Legislation