The New Class Action Frontier Under Illinois Privacy Law

By Nicholas Berg, Timothy Farrell, Raishay Lin and Sarah Milkovich (January 16, 2020, 1:45 PM EST) -- A recent wave of new class action filings under the Illinois Biometric Information Privacy Act has put companies in industries as varied as retail, hospitality, food and beverage, and health care on notice of the risks involved in handling biometric data as part of their business.

Class action filings have risen following a January 2019 ruling by the Illinois Supreme Court that effectively broadened BIPA liability. In a ruling with significant potential impact, the court in Rosenbach v. Six Flags Entertainment Corp. held that private individuals do not need to show actual harm to recover damages for BIPA violations.[1] Following that...

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