Last week, a unanimous Seventh Circuit panel concluded that the Illinois General Assembly’s recent change to the calculation of statutory damages under Illinois’ Biometric Information Privacy Act (BIPA) applies retroactively to cases that were filed before the legislature’s amendment took effect. The decision significantly reduces exposure for companies facing BIPA cases.
BIPA regulates the collection and transmission of biometric identifiers such as fingerprints, facial scans, hand geometry, and voiceprints. BIPA contains hefty liquidated-damages provisions, up to $5,000 per violation. In 2023, the Illinois Supreme Court held that a new claim accrues under BIPA each time an individual’s biometric information is scanned or transmitted in violation of BIPA. Cothron v. White Castle Sys., Inc., 2023 IL 128004, ¶ 40. As noted by White Castle and its amici at the time, the prospect of adding $5,000 to a running tab each time an employee scanned a fingerprint to clock in for a shift
