5 Ways To Reduce Risk Under Ill. Biometric Privacy Law

By Jim Koenig, Tyler Newby, Hanley Chew and Brent Tuttle (February 19, 2019, 4:21 PM EST) -- In a highly anticipated ruling, the Illinois Supreme Court on Jan. 25, 2019, held that plaintiffs who violated Illinois Biometric Information Privacy Act need not allege a separate injury or adverse effect to have statutory standing as an "aggrieved" person to bring a BIPA claim for liquidated damages and injunctive relief. The decision in the case, Rosenbach v. Six Flags Entertainment Corp., resolves much of the uncertainty about when an individual may bring suit under BIPA, which remains the only state biometric privacy law with a private right of action....

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