Statute
BIPA
266 published works
The D&O Diary
Alphabet Board Hit with Privacy-Related Follow-On Derivative Lawsuit
As we have noted on this site in recent years, privacy-related issues have been and remain a significant potential source of D&O risk and liability exposure. In the latest example…
Workplace Privacy, Data Management & Security Report
ID Verification, Voiceprints, Vendors, and BIPA: When the Financial Services Exemption Does Not Apply
A recent Seventh Circuit decision offers a reminder to exercise caution when applying the financial services safe harbor under the Illinois Biometric Information Privacy Act (BIPA). In Cisneros v. Nuance…
Workplace Privacy, Data Management & Security Report
Automated License Plate Recognition (ALPR) Technology: A Potential New Wave of Privacy Litigation
If you have heard of CIPA, BIPA, GIPA, or TCPA litigation, you may have an idea of where this post is headed. These acronyms reference federal and state laws that…
Ogletree Deakins Insights
One and Done: Seventh Circuit Holds BIPA Amendments Apply Retroactively to Preclude Per-Scan Damages
Quick Hits The Seventh Circuit held that the BIPA clarifying amendments, which limit plaintiffs to “at most, one recovery” per person per method of collection, apply retroactively to pending cases.…
Employment Law Worldview
Seventh Circuit Addresses Biometric Information Privacy Act (BIPA) Damage Accrual (US)
Many employers collect biometric data like retina or iris scans, voiceprints, hand scans, fingerprints, facial scans and DNA from their employees to track working hours, allow employee admittance to secure…
Chicago Business Litigation Lawyer Blog
Sued Under BIPA? After the 2024 Amendment, the Demand Letter’s Damages Math No Longer Adds Up
By Peter S. Lubin, James V. DiTommaso
The demand letter usually starts with a fingerprint. Your employees clock in and out on a biometric time clock, the way millions of workers do, and a plaintiff’s lawyer has…
WilmerHale Privacy and Cybersecurity Law
Seventh Circuit Weighs in on Critical BIPA Retroactivity Question
By WilmerHale Privacy and Cybersecurity Lawyers
The Seventh Circuit held that BIPA’s 2024 amendment applies retroactively, meaning plaintiffs can recover only one statutory award per person for repeated collection of the same biometric data using the…
Chicago Business Attorney Blog
Court Limits BIPA Damages in Pending Cases: What Illinois Businesses Need to Know After Clay v. Union Pacific
What happened? The Seventh Circuit Court of Appeals held in Clay v. Union Pacific Railroad Co. that the 2024 amendment to Section 20 of the Illinois Biometric Information Privacy Act…
Global Policy Watch
Seventh Circuit Holds that BIPA Amendment Applies Retroactively
By Libbie Canter, Kathryn Cahoy, Natalie Dugan, Thea McCullough, Bryan Ramirez
On April 1, 2026, the Seventh Circuit in Clay v. Union Pacific Railroad Company held that an amendment to the Illinois Biometric Information Privacy Act (BIPA), limiting damages to a…
Privacy Matters
U.S.: Seventh Circuit Holds BIPA’s 2024 Damages Amendment Applies Retroactively
By Andrew Serwin, Raj Shah, Jeff DeGroot, Matt Danaher
In 2024, the Illinois General Assembly amended the Illinois Biometric Information Privacy Act (“BIPA”) to clarify that an individual cannot seek recovery for multiple alleged violations of BIPA when those…