The Illinois Biometric Information Privacy Act (BIPA)
The Illinois Biometric Information Privacy Act (BIPA)
The Illinois Biometric Information Privacy Act (BIPA) is the nation’s most plaintiff-friendly law regulating the collection and use of biometric information such as face, retina and fingerprint scans.
The Act has become increasingly popular with the plaintiffs’ bar—and it’s easy to see why: BIPA allows plaintiffs to recover potentially astronomical damages, from $1,000 per negligent violation to $5,000 per intentional or reckless violation, without alleging actual injury to an individual.

The list of companies sued under the Act has grown exponentially since the Illinois Supreme Court held in January 2019 that a plaintiff need not demonstrate actual injury or harm to be awarded damages.  Plaintiff classes have sued companies spanning a range of industries, including manufacturers, payroll processors, software developers, and even convenience stores and gas stations. Essentially, any employer, HR-related entity, or consumer-facing company that does business in Illinois is a target.

Kelley Drye actively tracks cases and developments related to BIPA and provides practical compliance and litigation counsel to help companies mitigate business and liability risk and effectively use biometric information to secure their businesses, protect valuable data and manage employees. And, when necessary, our courtroom-tested litigators stand ready to defend our clients’ interests when they face BIPA-related litigation and class actions.
 
 
 

Overview

The Illinois Biometric Information Privacy Act (BIPA) is the nation’s most plaintiff-friendly law regulating the collection and use of biometric information such as face, retina and fingerprint scans.
The Act has become increasingly popular with the plaintiffs’ bar—and it’s easy to see why: BIPA allows plaintiffs to recover potentially astronomical damages, from $1,000 per negligent violation to $5,000 per intentional or reckless violation, without alleging actual injury to an individual.

The list of companies sued under the Act has grown exponentially since the Illinois Supreme Court held in January 2019 that a plaintiff need not demonstrate actual injury or harm to be awarded damages.  Plaintiff classes have sued companies spanning a range of industries, including manufacturers, payroll processors, software developers, and even convenience stores and gas stations. Essentially, any employer, HR-related entity, or consumer-facing company that does business in Illinois is a target.

Kelley Drye actively tracks cases and developments related to BIPA and provides practical compliance and litigation counsel to help companies mitigate business and liability risk and effectively use biometric information to secure their businesses, protect valuable data and manage employees. And, when necessary, our courtroom-tested litigators stand ready to defend our clients’ interests when they face BIPA-related litigation and class actions.
 
Partner
Email (312) 857-7238(312) 857-7238
Randy Lehner guides his clients through the process of identifying and defending claims of misrepresentation, mismanagement and/or fraud. He conducts internal investigations that determine res...
Partner
Email (202) 342-8603(202) 342-8603
Alysa Hutnik chairs the firm’s Privacy and Information Security practice and delivers comprehensive expertise in all areas of privacy, data security and advertising law.  Her experience ...
Partner
Email (212) 808-7959(212) 808-7959
Mark Konkel is committed to protecting and maximizing the interests of employers of all sizes, from the major multinational to the startup.  Whether Mark is helping his clients with seasoned, ...
Partner
Email (202) 342-8805(202) 342-8805
Kristi Wolff’s practice focuses on food, drugs, dietary supplements, medical devices, personal care and consumer health products, as well as wearable technology and health privacy issues.&nbs...
Special Counsel
Email (202) 342-8580 (202) 342-8580
Matt Sullivan provides practical guidance to help clients achieve their business objectives while navigating risk in connection with the range of federal and state consumer protection and privacy l...