Illinois Biometric Information Privacy Act

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A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing biometric information through its Neutrogena Skin 360 beauty app without consumers’ informed consent or knowledge. The plaintiffs also allege that…

Candid Color Systems Inc., based in Oklahoma, faces a class action lawsuit for its alleged violations of the Illinois Biometric Information Privacy Act (BIPA). Candid Colors offers marketing services to photographers, including photo-matching technology that allows consumers to identify all of the photos taken of a particular student at a graduation ceremony.

The complaint, filed…

Last week, Illinois Governor JB Pritzker signed S.B. 2979 to amend the Biometric Information Privacy Act (BIPA) immediately to define the repeated collection of the same biometric data without consent as a SINGLE, COLLECTIVE violation of the Act–this is a significant change. The precedent set by the Illinois Supreme Court in February 2023 in Cothron…

BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages. Although many cases alleging violations of BIPA have previously been settled, this case was the first to go to trial.

The jury…

Kronos, Inc., has agreed to (and a federal judge has preliminarily approved) a $15.3 million settlement to resolve claims that it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting biometric information from thousands of workers through its time clock that uses fingerprints for timekeeping. 

The plaintiffs filed a class action suit against Kronos…

In a class action lawsuit filed in the U.S. District Court for the Northern District of Illinois, Clearview Al Inc. faces allegations that it uses facial recognition technology that violates the Illinois Biometric Information Privacy Act (BIPA). The complaint alleged that Clearview scraped over three billion images from various social media platforms and other online…

Ever since the enactment of the Illinois Biometric Information Privacy Act (BIPA), we have been watching the development of laws around the collection, use, disclosure and retention of biometric information. In general, BIPA and other biometric information privacy laws enacted since BIPA, require any company that is collecting biometric information, such as fingerprints, voice recognition,…

Lifespace Communities Inc. (Lifespace), a retirement community chain with more than 15 communities in eight states, recently settled a class action for $987,850 for its alleged violation of the Illinois Biometric Information Privacy Act (BIPA).

The class action was filed in June 2020 in the U.S. District Court for the Northern District of Illinois by…

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…