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 (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 a nationally recognized advocate for employers across industries and chairs the firm’s Labor and Employment practice.  He has a long track record of winning judgments and ...
Partner
Email (973) 503-5910(973) 503-5910
Lauri Mazzuchetti’s practice focuses on commercial litigation and consumer-oriented class action defense, representing clients in FTC and state attorneys general investigations and other liti...
Partner
Email (202) 342-8805(202) 342-8805
Kristi Wolff is a partner in the Advertising practice group and chair of the firm’s Food and Drug Law and Cannabis Law practices.  She has extensive experience advising clients whose pro...
Special Counsel
Email (312) 857-7087(312) 857-7087
Michael Dover’s practice focuses on providing legal advice on the rights of innovative companies that rely on established and emerging technologies.  Mike’s clients include a wide ...
Senior Associate
Email (312) 857-2311(312) 857-2311
Tyler Bohman focuses his practice on all aspects of labor and employment law and commercial litigation.  He defends employers against various employment claims filed in state and federal court...
Senior Associate
Email (212) 808-7527(212) 808-7527
Jayson Lewis focuses his practice on privacy and data security, advertising and marketing, and other consumer protection matters. Jayson joined the firm from LinkedIn, where he was senior priv...
Associate
Email (312) 857-2619(312) 857-2619
Ali Albazzaz focuses his practice on data privacy and information security, advertising technology, and other data governance law matters. Prior to joining the firm, Ali was a privacy associat...
Associate
Email (202) 342-8634(202) 342-8634
Alexander Schneider specializes in information privacy and security, advertising and marketing, and consumer protection law.  He provides clients with practical legal advice on compliance with...

Publications

02/22/2019 | Client Advisories
Kelley Drye Client Advisory