Cothron v White Castle System, Inc. Illinois Supreme Court held that plaintiff was entitled to separate cause of action for each and every time her biometric data was used in violation of the Illinois Biometric Information Privacy Act, BIPA, 740 ILCS 14 et seq.
The United States is seeing a surge in litigation over biometric privacy rights. Most of this litigation is happening under state law, and state attorneys general and private litigants.
Unique among state laws, the Illinois Biometric Information Privacy Act ("BIPA") creates a private right of action for "any person aggrieved" by a violation of the statute and provides for statutory damages of $1,000 for .
15 settlements of class actions brought under Illinois’s Biometric Information Privacy Act BIPA. companies settling a BIPA class action should generally expect to pay the entire amount of the settlement fund, either to class members or to a cy pres recipient.
Biometric class actions have proliferated in recent years and with more states eyeing comprehensive data privacy legislation, companies that use biometric data should plan for the.