BIPA Update: Another Amendment Attempt For Illinois Privacy Law

In the Illinois Senate, a recently proposed Biometric Information Privacy Act (BIPA) amendment seeks to change how BIPA claims accrue, limiting the amount of damages available in instances where there are multiple violations.

The Cothron decision, which held that BIPA claims accrued each and every time biometrics were collected, transmitted, or stored absent a written release, emboldened plaintiffs to take aggressive positions when pursuing BIPA claims. Since BIPA's liquidated damage provision provides for recovery of $1,000 to $5,000 per scan even without actual damages, companies operating in Illinois could face millions of dollars in liability even in situations where biometrics were provided voluntarily but before written consent was obtained. ¹ The Cothron Court noted that BIPA, as worded, exposed private entities to potentially ruinous damages, but it deferred to legislators to address the issue.