Analysis

Ill. Biometric Ruling A Boon To Plaintiffs, Yet Questions Linger

Law360 (January 25, 2019, 10:14 PM EST) -- The recent influx of litigation under Illinois' unique Biometric Information Privacy Act is set to intensify after the state's high court ruled that plaintiffs don't need to allege actual harm to mount such suits, but questions over how the law applies to companies' data-gathering practices could threaten the long-term viability of such challenges. 

The Illinois Supreme Court's highly anticipated decision in Rosenbach v. Six Flags on Friday addressed the threshold issue of who can be considered an "aggrieved" person allowed to sue under BIPA. Reversing a state appellate court ruling that adopted a narrow view of this term, the high court...

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