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Expert Analysis

Insights On Article III Standing Under Ill. Biometrics Law

By Molly DiRago and Mark Mao (November 30, 2017, 11:24 AM EST) -- On Nov. 21, 2017, the Second Circuit, in Santana v. Take-Two Interactive Software,[1] affirmed the lower court's decision that the plaintiffs lacked Article III standing to assert a claim under Illinois' Biometric Information Protection Act (BIPA), creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not....

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