In a landmark decision, a Chicago federal jury found that BNSF Railway Co. (“BNSF”) violated the Illinois Biometric Information Privacy Act (“BIPA” or the “Act” (740 ILCS 14/1 et seq.) resulting in a judgment of $228 million against BNSF. The speed in which the jury delivered its verdict, and the scope of the damages calculated by the Court, should give pause to any employer or entity facing BIPA claims.
Continue Reading BIPA ALERT: $228M Judgment in First BIPA Jury Trial
In yet another blow to employers facing claims under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.), the Illinois Supreme Court held that the Illinois Workers’ Compensation Act (“IWCA”) (820 ILCS 305/1 et seq.) does not preempt BIPA claims for statutory damages brought by employees. The Court’s holding in McDonald v. Symphony Bronzeville Park, LLC, et al. awas not unexpected by most BIPA practitioners, and will likely trigger the resumption of many dozens of BIPA workplace lawsuits which were stayed while the Illinois justices considered the case.
Continue Reading Illinois Supreme Court Eliminates Another BIPA Defense
In the aftermath of two recent appellate court decisions addressing when claims under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.) accrue, it appears likely that the Illinois Supreme Court will need to provide clarity on this critical question. First, the Appellate Court of Illinois, First District, found in Watson v. Legacy Healthcare Financial Services, LLC, et al. that claims under sections 15(a) and (b) of the Act accrue with each and every capture and use of a plaintiff’s biometric identifier or information. Second, in Cothron v. White Castle System, Inc. the Seventh Circuit Court of Appeals declined to directly address the issue of when a claim under BIPA accrues, and instead has certified the question for review by the Illinois Supreme Court. While the holding in Watson provides some clarity as to when certain BIPA claims accrue, it leaves open critical questions regarding how to calculate: (i) the number of BIPA violations; and (ii) monetary damages under the Act.
Continue Reading Two Recent Developments Promise to Shed Light on Accrual of BIPA Claims
No Actual Harm Necessary to Assert Biometric Privacy Claims in Illinois
Today the Illinois Supreme Court held that an individual does not need to allege actual harm in order to seek liquidated damages and injunctive relief under the Illinois Biometric Information Privacy Act (BIPA or the Act) 740 ILCS 14/1 et seq. In Rosenbach v. Six Flags Entertainment Corp., the Court unanimously found that a plaintiff need only allege a technical violation of BIPA in order to be sufficiently “aggrieved” under the Act. The Court’s holding today is likely to embolden potential plaintiffs and increase the already considerable number of BIPA-related cases throughout Illinois and the country.
Continue Reading BIPA ALERT: An Opening of the Litigation Floodgates?