Illinois Courts Consider Retroactivity Of Amendment To Biometric Information Privacy Act

On Nov. 13, 2024, in Gregg v. Central Transport LLC, the U.S. District Court for the Northern District of Illinois confirmed that Public Act 103-0769 (previously Senate Bill 2979), which amends Illinois' Biometric Information Privacy Act (BIPA), has retroactive effect. This decision favorably addresses a critical issue for Illinois employers defending BIPA claims in which the alleged violations pre-date the August 2024 amendment. However, at least one Illinois court has rejected the retroactivity argument, and the issue may ultimately need to be resolved by an appellate court.

The Amendment

The amendment, which the Illinois Legislature enacted on Aug. 2, 2024, and made effective immediately, marked the first modification to BIPA after years of efforts to amend the statute. It clarified the amount of damages BIPA plaintiffs may recover for the same violation. As the Gregg court acknowledged, the amendment was a direct response to the Illinois Supreme