Jun 232018
 
 June 23, 2018  Posted by  Court, Laws

Jeffrey L. Widman of Fox Rothschild writes that Illinois’ Biometric Information Privacy Act was enacted in 2008, it was pretty much ignored by plaintiffs’ attorneys in privacy litigation. In the last year, however, there has been an explosion of cases citing it:

Although BIPA provides a private right of action to individuals aggrieved by a violation of the Act, plaintiff’s attorneys essentially ignored BIPA from 2008 through 2016 and few lawsuits were brought on behalf of aggrieved individuals. However, in the past year, more than 30 class actions have been filed in Illinois for purported BIPA violations. Why the trend? For one, BIPA imposes penalties of $1,000 per negligent violation of the Act and $5,000 (or actual damages, whichever is greater) for intentional or reckless violations. Second, BIPA allows for the recovery of reasonable attorneys’ fees and costs, including expert witness fees. Accordingly, BIPA is a prime target for members of the plaintiff’s bar.

Read more on Privacy Compliance & Data Security.

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