Topic
Statutory Damages
72 published works
Indiana Intellectual Property Blog
Copyright Registration Before You Sue (and Why Photographers Keep Learning This the Hard Way)
A photographer in Indianapolis shoots a wedding, a storefront, a plate of food. The picture shows up on someone else’s website. A friend says “send a cease-and-desist.” Another friend says…
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…
Coblentz Law
BIPA Damages Limitation Applies Retroactively
By Scott Hall and Phillip Wiese The Seventh Circuit recently confirmed that the 2024 amendment to the Illinois Biometric Information Privacy Act (“BIPA”) would apply retroactively, effectively limiting the available…
The Korean Law Blog
Statutory Damages in Korea Under PIPA for Personal Information Data Breaches
By Sean Hayes
A recent Korean Supreme Court decision has fundamentally reshaped litigation risk analysis under the Personal Information Protection Act (PIPA), particularly regarding statutory damages under Article 39-2(1) of PIPA. The following…
Massachusetts Chapter 93A Insights
Can Courts Double or Triple ‘Nominal Damages’ for Willful Chapter 93A, Section 9 Violations?
No. Although a consumer-plaintiff may seek to double or treble actual damages for willful or knowing Chapter 93A violations, a court should not multiply Section 9’s $25 nominal damages award…
Massachusetts Chapter 93A Insights
Are ‘Per Violation’ Statutory Penalties Available to Consumers Under Chapter 93A, Section 9?
No. Chapter 93A, Section 9(3) expressly provides for only two forms of recovery: (1) actual damages or (2) $25 in statutory damages, whichever is greater. According to the Massachusetts Supreme…
Inside Class Actions
Ninth Circuit Gives Plaintiffs Second Chance at $91 Million in Statutory Damages
In Montera v. Premier Nutrition Corp., — F.4th —, 2024 WL 3659589 (9th Cir. Aug. 6, 2024), the Ninth Circuit vacated and remanded a district court’s statutory damages award, holding…
The Global Privacy Watch
BIPA LEGISLATIVE UPDATE: Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery
By Paul Yovanic Jr., Michael Jacobsen
Seyfarth Synopsis: Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote…
Class Action Defense Blog
Illinois Corrects The BIPA’s “Cataclysmic, Jobs-Killing Damages” Regime In New Reform Legislation
By Gerald L. Maatman, Jr., Ryan T. Garippo, and George J. Schaller Duane Morris Takeaways: On August 2, 2024, Illinois Governor J.B. Pritzker signed Senate Bill 2979, which amends the…
Perkins on Privacy
Illinois’ Plan to Limit Privacy Violation Damages Opens New Door
By Ryan Spear, Nicola Menaldo, Mylan Traylor, Akua Asare-Konadu
Changes to Illinois’ Biometric Information Privacy Act are awaiting Gov. J.B. Pritzker’s (D) signature. The legislation offers much-needed clarity for businesses but has raised questions about whether courts would apply…