An Illinois employee of Power Solutions International Inc. (Power Solutions) filed suit against his employer alleging violations of the Illinois Biometric Information Privacy Act (BIPA) when Power Solutions collected his fingerprints through a timekeeping system without providing consent to do so. Under BIPA, companies, including employers, are required to provide notice and consent to employees
BIPA
Biometric Information Litigation Update
Despite repeated warnings, companies continue to be hammered with class action lawsuits for violation of the Illinois Biometric Information Privacy Act (BIPA) [view related posts].
BIPA requires that any company that is collecting, using and disclosing biometric information (such as facial recognition, iris scans, fingerprints, DNA testing, to name a few) must basically obtain…
Google Sued Under Illinois Biometric Information Privacy Act
Another day, another suit against a brand name for allegations of violation of the Illinois Biometric Information Privacy Act (BIPA). Plaintiffs’ attorneys are having a field day filing class action lawsuits based on BIPA.
Late last week, Google was sued in Cook County, Illinois in a proposed class action, alleging that it violated BIPA by…
Be Cautious When Collecting and Using Biometric Information
We only have one unique face, two irises and ten fingerprints. We can’t change our biometrics like we can a credit card number. Yet many companies are collecting and using their employees’ and our biometric information for convenience without thinking about the potential consequences.
I recently went into a high-end retailer and the sales clerk…
Hotel Chain Hit with Class Action Alleging “Misuse” of Biometric Data
Hotel chain Fillmore Hospitality, LLC is the latest target of a proposed class action complaint filed this week, alleging violation of the Illinois Biometric Information Privacy Act (BIPA). We don’t usually discuss the specific allegations in BIPA cases, but since they continue to populate the litigation landscape, we thought it would be instructive to take…
Individuals Need Not Allege Actual Injury to Sue for Damages Under the Illinois Biometric Information Privacy Act
On January 25, 2019, a unanimous Illinois Supreme Court held that, under that state’s Biometric Information Privacy Act (BIPA), a person need not suffer actual injury or adverse effect in order to bring suit under the statute. In its decision in Rosenbach v. Six Flags Entertainment Corp., the Court determined that a minor child whose thumbprint was scanned as part of an amusement park’s season pass-holder program, allegedly without proper notice or consent, was an “aggrieved person” who could maintain a claim under BIPA.
BIPA imposes restrictions on how private entities collect, retain, disclose and destroy biometric identifiers, including fingerprints and other biometric information. An entity may not collect or otherwise obtain a person’s biometric identifier or information unless it: (1) informs the subject (or their legally authorized representative), in writing, that such information is being collected or stored; (2) informs the subject or their representative, in writing, of the specific purpose and length of term for which the biometric information is being collected, stored, and used; and (3) receives a written release executed by the subject or authorized representative. BIPA—the country’s only biometric privacy law with a private right of action—allows any person “aggrieved” by a violation of its provisions to bring an action against an “offending party” and to recover, for each violation, liquidated damages of $1,000 or actual damages (if greater), reasonable attorneys’ fees and costs, and any other relief that the court deems appropriate.
Continue Reading Individuals Need Not Allege Actual Injury to Sue for Damages Under the Illinois Biometric Information Privacy Act
Two More Companies Sued Under Illinois Biometric Law
Two more companies are under fire for alleged violations of the Illinois Biometric Information Privacy Act (BIPA).
Loews Hotel in Chicago was recently sued in the Circuit Court of Cook County for allegedly violating BIPA by collecting employees’ biometric information and sharing it with third parties without the employees’ consent.
According to the suit…
Southwest Airlines Biometric Information Case Dismissed—Sent to Arbitration
We have been following litigation surrounding the Illinois Biometric Information Privacy Act (BIPA), and noting that many employers have been sued for using fingerprints for employees to clock into their jobs [view related posts].
This week, Southwest Airlines was successful in its quest to dismiss a proposed class action case that alleges that it…
Another Employer in Illinois Hit With Class Action Over Biometrics
Companies doing business in Illinois should consider getting up to speed on the Illinois Biometric Information Privacy Act (BIPA). We have reported on numerous (but not all) cases filed against technology companies and employers for alleged violations of BIPA [view related posts here]. The class action lawsuits continue to get filed at a rapid…
Facebook Can’t Shake Illinois Biometric Proposed Class Action Case
We have previously reported on Facebook’s fight against a proposed class action case alleging violation of the Illinois Biometric Information Privacy Act (BIPA). Facebook continues to fight the allegation that its collection and storage of users’ and non-users’ facial scans through the use of facial recognition technology violates BIPA, and has filed a Motion to…