Sekura Case Expands Scope Of Illinois Biometric Privacy Law

Law360 (November 14, 2018, 1:13 PM EST) -- Over approximately the last two years, plaintiff consumers and employees have filed approximately 100 class actions alleging violations of Illinois’ Biometric Information Privacy Act, a statute that purports to govern the collection, use and disclosure of individuals’ biometric information. The cost for violating the statute can be steep, with potential liquidated damages of up to $5,000 per violation.[1]

The fighting issue to date has focused on whether plaintiffs qualify as “aggrieved” under BIPA’s private right of action provision, or have the requisite standing to maintain a BIPA cause of action in the first instance.

On Sept. 28, 2018, the Illinois Appellate...

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