The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act and created potentially massive and catastrophic exposure for Illinois businesses. In a close 4-3 ruling, the landmark decision in Latrina Cothron v. White Castle System Inc. holds that every individual scan or transmission of biometric data made
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.
After a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company, recklessly or intentionally violated BIPA 45,600 times (once per class member), resulting in a $228 million judgment.
In the latest in a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act, the Supreme Court of Illinois held last month that the Illinois Workers’ Compensation Act does not preempt BIPA claims for statutory damages brought by employees. The decision in McDonald v. Symphony Bronzeville Park, LLC, et al.
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 In 2021, a similar proposed law (HB 0218) failed to make it past committee hearings and was withdrawn by its sole sponsor, Maryland House Delegate Sara Love.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