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ARTICLE · 09 APRIL 2026

BIPA Cases: 7th Circuit Rules Change To Illinois Law's Damages Provision Retroactively Limits Defendant Exposure

Jackson Lewis P.C.
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The Seventh Circuit held that the 2024 amendment to BIPA's damages provision applies retroactively, eliminating the possibility of "per‑scan" statutory damages for cases pending at the time of enactment.

United StatesLitigation, Mediation & Arbitration
Jody Kahn Mason
Jody Kahn Mason
Jason A. Selvey
Jason A. Selvey

Takeaways

  • The Seventh Circuit held that the 2024 amendment to BIPA’s damages provision applies retroactively, eliminating the possibility of “per‑scan” statutory damages for cases pending at the time of enactment.
  • The court reasoned that the amendment affects remedies, making it a procedural change that applies to existing cases under Illinois retroactivity principles.
  • The decision significantly limits defendants’ potential exposure in pending BIPA cases and may require courts to reassess federal subject‑matter jurisdiction.

Article

On April 1, 2026, a unanimous panel of the U.S. Court of Appeals for the Seventh Circuit issued a significant ruling foreclosing the possibility of “per-scan” damages under the Illinois Biometric Information Privacy Act (BIPA). Clay v. Union Pacific Railroad Co., No. 25-2185. The court’s decision has important implications for BIPA defendants sued before Aug. 2, 2024.

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