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ARTICLE · 02 MARCH 2026

Seventh Circuit To Decide Retroactive Application Of BIPA Liability-Limiting Amendment

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The state of Illinois enacted an amendment to its Biometric Information Privacy Act (BIPA) in 2024 that limited liability for companies.

United StatesEmployment and HR
Anthony Molina
Anthony Molina
John F. Kuenstler
John F. Kuenstler
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The state of Illinois enacted an amendment to its Biometric Information Privacy Act (BIPA) in 2024 that limited liability for companies. Under the amendment, if a company collects biometric information "from the same person using the same method of collection" in violation of BIPA, it is deemed to have committed only a single violation. As a result, plaintiffs are entitled to "one recovery" per violation. 740 ILCS 14/20.

Earlier this month, the Seventh Circuit Court of Appeals heard the appeal of three consolidated cases concerning whether the limited liability amendment should be applied retroactively, including Willis v. Universal Intermodal Services. Inc., No. 25-2761 (7th Cir.) and two others. The Court is reviewing the district court's rulings, which held that the amendment is not retroactive.

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