BIPA

In case you missed it, below are recent posts from Consumer 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.

CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference

CPW’s David Oberly

CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Jesse Taylor and Shing Tse teamed up to co-author a chapter of the Lexis Practical Guidance titled “Privacy, Cybersecurity and Data Breach Litigation: Key Laws and Considerations. In this practice

Recently, eyewear brands that offer virtual try-on (“VTO”) tools—which allow website visitors to “try before they buy” while shopping online—have faced a barrage of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”). Importantly, however, BIPA suits are not the only legal risks that continue to increase for eyewear retailers today,

In case you missed it, below are recent posts from Consumer 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.

FCC Reportedly Issues Letters of Inquiry Seeking Further Information on Wireless Providers Data Privacy Practices | Consumer Privacy World

In case you missed it, below are recent posts from Consumer 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.

Speaker Pelosi Expresses Concerns With Federal Privacy Bill’s Preemption Provision | Consumer Privacy World

The Cookie Crumbles – Lessons

In case you missed it, below are recent posts from Consumer 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.

FCC Gathers and Releases Information on Wireless Carrier Data Privacy Practices

TikTok Settlement Receives Final Court Approval

Federal Court

This week a federal judge in Illinois granted final approval to a $92 million settlement to resolve TikTok privacy multidistrict litigation.  In Re: Tiktok, Inc., Consumer Privacy Litigation (Case: 1:20-cv-04699).  This case is notable for both its large class size and resolution of two dozen privacy litigations which had been previously filed against TikTok and

Earlier this month, a federal court in Illinois dismissed a BIPA fingerprint timekeeping class action that had been pending for over three years, finding that Plaintiff failed to adequately allege a claim under Section 15(b) of the Illinois Biometric Information Privacy Act. Stauffer v. Innovative Heights Fairview Heights, LLC, 2022 U.S. Dist. LEXIS 140010 (S.D. Ill. Aug. 5, 2022). This ruling was based on the Court’s primary conclusion that:

Nowhere in her complaint does Plaintiff allege that [Defendant] itself stored biometric information on its own computers or servers, or that [Defendant] used the biometric information for its own purposes. In fact, Plaintiff does not allege that [Defendant] actually accessed this information. Plaintiff” allegations are simply that [Defendant] could access the biometric information one day. But equally as plausible as [Defendant] accessing the information one day is that [Defendant] never accessed the information.

As reported earlier in CPW’s 2022 Q1 AI/Biometric Litigation Trends by Kristin BryanDavid Oberly and Christina Lamoureux, the majority of BIPA cases filed thus far in 2022 arise under the circumstances analogous to the Stauffer litigation in the timekeeping context. As such, the Court’s ruling in this case is anticipated to bear upon other pending and future filed cases.  

In this instance, the Court rejected the Plaintiff’s allegations that the use of a uniform franchise agreement which (i) required franchisees adopt a common timekeeping system (“POS System”) that “collect[ed] employee fingerprints and information used to identify such employees based on their fingerprints” and (ii) and gave the Defendant “the right to have independent access to all information or data” on the POS System used by franchisees sufficient for purposes of a pleading a cognizable Section 15(b) BIPA claim.

Read on to learn more about the particular facts of this case and the Court’s analysis.

Continue Reading Federal Court Rejects Terms in Franchise Agreement Retaining Data Access Rights As Sufficient to Plead Section 15(b) BIPA Claim

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JPML Declines to Create MDL for Data Breach Cases

CPW’s Kyle Fath and Gicel Tomimbang to Speak at IAPP

Welcome to the 2022 Q2 edition of the SPB Artificial Intelligence & Biometric Privacy Quarterly Review Newsletter, your go-to source for keeping you in the know on all recent major artificial intelligence (“AI”) and biometric privacy developments that have taken place over the course of the last three months. We invite you to share this resource with your colleagues and visit Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets and Privacy & Data Breach Litigation homepages for more information about our capabilities and team. 


Q2 did not disappoint in the AI and biometric privacy space, with a number of noteworthy litigation, legislative, and regulatory developments having taken place in these two rapidly developing areas of law. Read on to see what has transpired over the last quarter and what you should keep your eyes on as we head into the second half of 2022.

Continue Reading SPB 2022 Q2 Artificial Intelligence & Biometric Privacy Quarterly Review Newsletter