Online shopping and the use of virtual try-on technology continue to grow in popularity. Retailers today have a number of options when considering how to bring virtual try-ons to consumers. These range from licensing third-party technology to integrate virtual try-on within their own e-commerce channels to partnering with an online shopping network that offers the
In recent years, apparel and retail businesses have increasingly sought to provide customers with options to interact with the brand’s merchandise and services in virtual environments. This includes everything from virtual try-on to virtual stores in the metaverse. Depending on their specific nature, these services could potentially trigger biometric privacy laws, generating risk for businesses.
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 In 2021, a similar proposed law (HB 0218) failed to make it past committee hearings and was withdrawn by its sole sponsor, Maryland House Delegate Sara Love.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