In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to limit damages to one violation per individual, rather than each instance their biometric information is captured, collected, disclosed, redisclosed, or otherwise
Kristine Argentine
Is the Video Privacy Protection Act Losing its Allure?
This blog has been cross-posted on the Global Privacy Watch site.
Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time soon. Although the claims center around…
Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions
This blog is cross-posted on The Global Privacy Watch blog site as well.
Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a somber note with the Illinois Supreme Court delivering unfavorable decisions…
Ninth Circuit Opinion Supports Personal Jurisdiction Defense for Interactive Websites
With so many companies being hauled into court in California based on claims that the functionalities on their website and use of service providers for marketing or analytics purposes violate consumer privacy rights, it is important to exhaust all possible defenses available to defendants. Late last year, the Ninth Circuit issued a ruling upholding a…
Seyfarth Shaw’s Consumer Class Action and Product Liability Groups Receive Coveted Recognition from Legal 500
Seyfarth Shaw’s Consumer Class Action and Product Liability groups have achieved a prestigious ranking in the highly regarded Legal 500 United States 2023 edition, solidifying their reputation as one of the nation’s top legal teams. This recognition reaffirms Seyfarth’s unwavering commitment to excellence in Product Liability, Mass Tort, and Class Action law.
The Legal…
What to Expect from Biometric Info Privacy Litigation in Illinois
Seyfarth continues to be on the forefront of issues involving the Illinois Biometric Information Privacy Act (“BIPA”). On February 10, 2023, Seyfarth attorneys Paul Yovanic and Kristine Argentine published an in-depth analysis of the current trends in BIPA litigation and what to expect for 2023 on Bloomberg Law.
The article, examines the recent Illinois…
Mini-TCPAs Start to Take Center Stage
After years of litigation in federal courts across the country over purported Telephone Consumer Protect Act (TCPA) violations, there has been a recent shift in focus to what is known as mini-TCPAs being enacted by state legislatures which seek to regulate intrastate telemarketing communications. In particular, dozens of putative class actions have been filed over…
Year-End BIPA Review: Key Consumer-Side Defense Decisions From 2022
Last year was significant in Illinois Biometric Information Privacy Act (BIPA) litigation, primarily because of the many ‘firsts’ that resulted, including the first-ever BIPA trial that resulted in a staggering judgment of $228 million for 45,600 reckless/intentional violations of the statute. But aside from the jaw-dropping verdict and the Illinois Supreme Court’s decision in early…
BIPA ALERT: Illinois Supreme Court Decides That 5-Year Statue of Limitation Applies To All Claims Under The Illinois Biometric Information Privacy Act
Today, the Illinois Supreme Court issued its much-anticipated decision in Tims v. Black Horse Carriers, which determined whether the one-year or five-year statute of limitation applies to claims filed under the Illinois Biometric Privacy Act. In the landmark decision (found here), the Court veered from the Illinois Appellate Court’s splicing of limitations…
Eagerly Awaited Decisions For BIPA Class Action Litigation in 2023
Despite its enactment in 2008, the Illinois Biometric Information Privacy Act’s (BIPA) legal standards were largely undeveloped until its emergence to the main stage circa 2017. But with the decisions in Rosenbach v. Six Flags in 2019 (standing) and McDonald v. Symphony in 2022 (workers’ compensation), and the recent $228 million jury verdict against BNSF…