BIPA Update: Class Actions On The Rise In Illinois Courts

Richard Winter is a Partner and Rachel Agius & William Farley are Associates in Holland & Knight's Chicago office

Highlights

• Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply.
• Although BIPA was enacted in 2008, a decision by the Illinois Supreme Court in January 2019 held that an individual does not have to demonstrate actual "harm" to establish that he or she is "aggrieved" under BIPA.
• This has opened the door for increased filing of BIPA class actions, most of which are directed at employers that utilize fingerprinting technology for timekeeping purposes.

Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply. This Holland & Knight alert analyzes current trends in BIPA litigation.