Illinois Supreme Court Opens the Door for Huge Damages Claims in BIPA Actions

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The Illinois Supreme Court issued a pair of decisions related to the Illinois Biometric Information Privacy Act (BIPA) that continue to ratchet up compliance pressure on businesses. On February 17, 2023, the Illinois Supreme Court ruled in a narrow 4-3 majority that a separate claim for damages accrues each time a business violates the state’s BIPA (e.g., accruing additional damages each time a fingerprint is scanned rather than a single violation for each unique fingerprint collected)….
By: Akin Gump Strauss Hauer & Feld LLP
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