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Debra Bernard focuses on class action defense of claims under the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA), and other consumer and privacy claims, as well as other areas of commercial litigation.

In February, the Texas attorney general brought the first enforcement action under Texas’ Capture of Use of Biometric law. CUBI was the first state law to govern the collection and use of biometric data, predating the more well-known Illinois law by seven years.

This update explores (1) the key differences between CUBI and the Illinois

For the second year in a row, amidst a wave of biometric lawsuits in other states, Maryland legislators have introduced a new biometric privacy law mimicking the Illinois Biometric Information Privacy Act (BIPA). In 2021, a similar proposed law (HB 0218) failed to make it past committee hearings and was withdrawn by its sole sponsor, Maryland House Delegate Sara Love.
Continue Reading Maryland Legislators Once Again Push for a BIPA-Style Biometric Privacy Bill

As the use of facial recognition and other biometric technology expands, so too has litigation under the Illinois Biometric Information Privacy Act (BIPA). Nearly 2,000 cases have been filed, the vast majority of them in Illinois. Late last year, the Illinois First District Appellate Court issued two key decisions.

Continue Reading Illinois Biometric Information Privacy Act: Litigation Update

What Is the Ordinance?

New York City’s new biometrics ordinance goes into effect today, Friday, July 9. The ordinance regulates the use of “biometric identifier information” in “commercial establishments.” It is the first law of its kind in the State of New York.

  • “Biometric identifier information” is broadly defined to mean “a physiological or biological