Biometric Information Privacy Act (BIPA)

Earlier this week, the Illinois Supreme Court denied a petition for rehearing of its decision in Cothron v. White Castle, a case which has tremendous implications on the effect of Illinois’s Biometric Information Privacy Act (“BIPA”). As previously covered here on PW, the Court’s decision in February concluded that that each separate incident which is a violation of BIPA constitutes a distinct and separately actionable violation of the statute. In other words, plaintiffs may seek to collect liquidated damages per violation—$1,000 per violation, $5,000 per intentional/reckless violation—instead of per plaintiff, even if a plaintiff alleges daily violations over the course of years. This week’s ruling leaves in place the Cothron decision and its exponential expansion of the scope of damages that may be sought by an individual plaintiff.Continue Reading Illinois Supreme Court Refuses to Reconsider Decision That BIPA Claims Accrue Individually with Each Violation

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

New York Releases Data Security Guide to Help Businesses Protect Personal Information | Privacy World

Selfie ID Biometric Verification Vendor’s

One of the most notable trends in Illinois Biometric Information Privacy Act (“BIPA”) class action litigation is the marked increase in the number of class actions targeting third-party biometric technology vendors, such as identity authentication systems and employee timekeeping devices. Importantly, because these vendors do not maintain any direct relationship with the end users of

Last month, Kristin Bryan and Kyle Fath discussed the rapidly evolving realm of biometric data law and offered unique perspectives, both from advisory and litigation standpoints, on the complex challenges and concerns associated with the privacy in the area of biometrics.

Kristin and Kyle discuss biometric data and the current and forthcoming legal and

Our SPB lawyers are well known for thought leadership across many platforms, and that tradition continues over the coming weeks. Please join us for any or all of the events detailed in this post which will cover a variety of topics including AI and automated decision-making, digital advertising, biometric data, privacy by design, state privacy law compliance, privacy and ESG, and China cross-border data transfers. For more information, contact the presenters or your SPB relationship attorney.
Continue Reading SPB Lawyers to Present on Several Upcoming Can’t-Miss Webinars and Events

Several months ago, you may have seen social media filled with artistic renditions of your connections as paintings, cartoons, or other artistic styles. These renditions came from Lensa, an app by which users upload “selfies” or other photos, which the app processes to generate artistic images of the user. Lensa, which is owned by Prisma

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

SPB’s David Oberly Analyzes the Wide Scope of Third-Party Vendor BIPA Class Action Liability Exposure in Biometric Update | Privacy

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

BREAKING: Illinois Supreme Court Determines BIPA Claims Accrue Individually With Each Violation | Privacy World

New 2023 Legislative Proposals Could

New Year, New Bills

As Privacy World reported, 2022 saw a plethora of class action litigation stemming from alleged non-compliance with the well-known Illinois Biometric Information Privacy Act (“BIPA”). At the same time, due to concerns about companies using biometrics in a safe and responsible manner, lawmakers from coast to coast also attempted (albeit

For over two years now, online retailers—such as cosmetics and eyewear brands—that utilize virtual try-on (“VTO”) tools have faced a barrage of class action litigation alleging that their technology violates the Illinois Biometric Information Privacy Act (“BIPA”). During this period, a defense has emerged for the targets of VTO suits and online eyewear retailers in