Share on LinkedInShare on LinkedIn

ARTICLE · 28 JULY 2020

Recent Court Decisions Reverse Prior Plaintiff-Friendly BIPA Trends

Taft, Stettinius & Hollister LLP
Explore more from Taft, Stettinius & Hollister LLP

Enacted in 2008, the Illinois Biometric Information Privacy Act (BIPA) continues to be the most consumer-friendly biometric privacy law in the country.

United StatesLitigation, Mediation & Arbitration
Daniel R. Saeedi
Daniel R. Saeedi
Richard Hu
Richard Hu
Author LinkedIn connections

Enacted in 2008, the Illinois Biometric Information Privacy Act (BIPA) continues to be the most consumer-friendly biometric privacy law in the country. In the wake of the Illinois Supreme Court's seminal 2019 decision in Rosenbach v. Six Flags, plaintiffs have filed hundreds of class action lawsuits against businesses and employers in a broad range of industries, including manufacturing, logistics, retail, hospitality, food and beverage, health and technology. These lawsuits have been filed because of a perception that BIPA, as interpreted by the Illinois Supreme Court in Rosenbach, creates significant liability where biometric information has been collected from an employee or consumer without first providing notification and obtaining consent, even if no actual damages have been suffered.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Tenth Circuit Stays Nationwide Eligibility Injunction For Class Of 2022 In Wisne v. NCAA

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.
United StatesLitigation, Mediation & Arbitration
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Show Your Work: California Federal Court Denies Preliminary Approval Of Data Breach Class Action Settlement

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

California Federal Court Denies TikTok’s Motion To Dismiss Children’s Privacy Claims Based On Prior Class Action Settlements

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Video

MR. NUMBER 1 WINS AGAIN!: Concora Credit To Pay $9.375MM To Settle TCPA Wrong Number Class Action As Another Company Bows To Greenwald (Video)

Concora Credit has agreed to pay $9.375 million to settle a TCPA class action lawsuit over wrong number robocalls, with prominent TCPA attorney Mike Greenwald securing another major victory. The settlement includes over $5 million for approximately 147,000 class members, $3 million in attorney fees, and a commitment to spend at least $1 million on TCPA compliance over three years.
United StatesLitigation, Mediation & Arbitration
Troutman Amin LLP
Troutman Amin LLP
Article

Florida Federal Court Holds That The TCPA’s Do-Not-Call Provisions Do Not Apply To Cell Phone Users

A federal judge in Florida has ruled that cell phone users cannot sue under the TCPA's do-not-call provisions, determining that the FCC exceeded its authority when it extended protections to wireless subscribers in 2003. The decision challenges decades of regulatory interpretation and could fundamentally reshape telecommunications privacy litigation if adopted by other courts.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

Sterling v. City Of Jackson And The Limits Of Substantive Due Process In Environmental Harm Cases

The Fifth Circuit's en banc decision in Sterling v. City of Jackson tests whether residents exposed to lead-contaminated municipal drinking water can sue under Section 1983 for substantive due process violations. In a 10-5 ruling, the court held that environmental harms caused by government mismanagement belong to tort law and the political process, not constitutional claims, creating a significant circuit split with implications for how environmental compliance failures by public officials are litigated.
United StatesLitigation, Mediation & Arbitration
Arnold & Porter
Arnold & Porter
Article

It’s An Arbitration Agreement After All: Disney Compels Arbitration And Dismisses Class Claims In Antitrust Suit

A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.
United StatesLitigation, Mediation & Arbitration
Duane Morris LLP
Duane Morris LLP
Article

The Big Long List Of U.S. AI Laws

State legislatures across the U.S. have enacted a complex web of AI regulations affecting private sector businesses, spanning employment decisions, healthcare applications, consumer interactions, and digital rights. These laws impose compliance obligations including bias audits, disclosure requirements, and restrictions on automated decision-making, with enforcement mechanisms ranging from regulatory oversight to private rights of action. Understanding which state laws apply to your AI systems is critical,
United StatesCorporate/Commercial Law
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

AI-Powered Call Transcription Tools Present Class Action BIPA Risk

AI-powered call transcription tools like Otter.ai are facing class action lawsuits under Illinois' Biometric Information Privacy Act (BIPA) for allegedly collecting voiceprints without proper consent. A federal court recently allowed claims to proceed, signaling potential legal risks for companies that provide or utilize these increasingly common meeting recording services.
United StatesIntellectual Property
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

Quick Update: Delaware Privacy Act Amendments, CCPA Data Broker Enforcement, And Texas Warning On CIPA Demand Letters

Recent developments in Delaware, California, and Texas highlight a common theme that privacy compliance risk is becoming more operational and technical and more likely to arise from practices that may once have appeared routine. (1) Delaware has expanded the reach and substantive requirements of its comprehensive privacy law; (2) California continues its focus on data brokers by bringing a Delete Act action against a data broker; and (3) the Texas Attorney General has warned businesses about a surge in CIPA website tracking demand letters.
United StatesPrivacy
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

Illinois' Clean And Reliable Grid Affordability Act Enacts New Statewide Zoning Standards For Energy Storage Systems

Illinois has enacted the Clean and Reliable Grid Affordability Act, establishing comprehensive statewide zoning and permitting standards for commercial energy storage systems with capacity exceeding 1 MW. The legislation creates uniform requirements for setbacks, decommissioning, financial assurance, and safety standards while limiting local governments' ability to impose more restrictive regulations.
United StatesEnergy and Natural Resources
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

Robotics And Power Equipment Manufacturers Face Expanded FCC National Security Review Requirements

The FCC has expanded its national security review requirements to cover certain foreign-produced advanced robotic devices and power inverters, potentially requiring manufacturers to demonstrate their products do not present unacceptable national security risks before receiving FCC equipment authorization. Companies with global manufacturing operations, offshore assembly, or international supply chains should evaluate whether existing or future products could be subject to these expanded requirements and beg
United StatesGovernment, Public Sector
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

Federal Court Rules Government’s Anthropic Supply Chain Designation Was Unlawful Retaliation: What Government Contractors Need To Know

This is the third installment in our coverage of the Anthropic/Department of War dispute. Our first alert addressed the Trump administration’s February 27 directives barring federal contractors from using Anthropic and its Claude platform, including Secretary Hegseth’s designation of Anthropic as a supply chain risk to national security and the resulting requirement that all DoW contractors sever commercial ties with the company.
United StatesGovernment, Public Sector
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP