In August, the Illinois legislature amended the Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”) to clarify that an entity that improperly obtains biometric information from a person more than once through the same method of collection has...
Even if you’re familiar with Illinois’ Biometric Information Privacy Act (BIPA), you may not be familiar with its less (in)famous cousin, the Genetic Information Privacy Act (GIPA). But GIPA litigation presents an increasing risk to employers, insurers,...
On July 30, 2024, the Texas Attorney General (“AG”) announced a $1.4 billion settlement with Meta in its suit against the platform for alleged violations of the Texas Capture and Use of Biometric Identifier Act (“CUBI”) and Texas consumer...
On February 17, 2023, the Supreme Court of Illinois ruled in Cothron v. White Castle that a separate claim accrues under Illinois’s Biometric Information Privacy Act (“BIPA”) each time biometric information is unlawfully collected or...
Last Wednesday, a federal jury in Chicago found that BSNF Railway violated the privacy rights of over 40,000 truck drivers under the Illinois Biometric Information Privacy Act (BIPA), resulting in a $228 million judgment against...
In one of the first cases to invoke Texas’s biometric law, the state’s Attorney General sued Facebook’s parent company Meta and alleged that it unlawfully captured, disclosed, and retained the facial geometry of users and...
An Illinois court has issued the first appellate guidance on the statute of limitations for a case brought under Illinois’ Biometric Information Privacy Act (“BIPA”). In assessing whether a one-year or five-year statute of limitations...
Litigation under Illinois’ Biometric Information Privacy Act (BIPA) has churned steadily since the beginning of this year. Below is an overview of emerging trends and significant decisions that may signal the direction of BIPA litigation...
Fast food chain operator White Castle, Inc. has asked the U.S. Court of Appeals for the Seventh Circuit to address the question of when claims accrue under Illinois’ Biometric Information Privacy Act (“BIPA”). The Seventh...
In early January, legislators in New York and South Carolina introduced biometric privacy bills that would restrict private entities’ use of biometric information and, of particular note, provide consumers with a private right of action....