Biometric Privacy

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In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to limit damages to one violation per individual, rather than each instance their biometric information is captured, collected, disclosed, redisclosed, or otherwise disseminated. The bill also amended…

Continue Reading Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor’s Signature

By: Michael Jacobsen, Connor Bateman, and Yoon-Woo Nam

Seyfarth Synopsis: For the final blog in this series regarding the legacy of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog closes its survey of federal Circuit Courts with key rulings from the Ninth, Tenth, Eleventh, and D.C. Circuits.

TransUnion at a Glance

Among other things as we…

Continue Reading No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 4)

By: Michael Jacobsen, Chris Kelleher, and Yoon Woo-Nam

Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a survey of how each of the federal Circuit Courts have applied the Supreme Court’s teachings. In…

Continue Reading No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

By: Danielle Kays and Kristin Stokes

Seyfarth Synopsis:  While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought under the Genetic Information Privacy Act (“GIPA”), 410 Ill. Comp. Stat. Ann. 513/1, et seq.  After GIPA’s 1998 enactment…

Continue Reading GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers

By: Michael Jacobsen

Seyfarth Synopsis:  As reported here, to mark the two-year anniversary of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is examining how each of the federal Circuit Courts have applied this significant ruling on standing from the U.S. Supreme Court (see also here).  After serving a pair of district court rulings as…

Continue Reading No Harm, No Foul?  The Legacy of TransUnion Two Years Later (Continued)

By: Michael D. Jacobsen

Seyfarth Synopsis:  On June 25, 2021, the U.S. Supreme Court issued its pivotal ruling in TransUnion LLC v. Ramirez (“TransUnion”).  As reported here (https://www.workplaceclassaction.com/2021/06/u-s-supreme-court-holds-that-class-members-who-suffer-no-concrete-harm-from-statutory-violations-do-not-have-article-iii-standing-and-cannot-recover/), in TransUnion, the Supreme Court reinforced prior precedent that Article III standing requires a “concrete harm” and that plaintiffs must demonstrate standing with respect to each claim…

Continue Reading No Harm, No Foul?  The Legacy of TransUnion Two Years Later

By Danielle Kays, Sarah Bauman, and James Nasiri

The Illinois Supreme Court issued its highly-anticipated decision in Tims v. Black Horse Carriers today, ruling that a five-year statute of limitations applies to all claims under the Illinois Biometric Privacy Act (“BIPA”).  The Court’s decision (available here) answers a years-old question regarding the timeliness of BIPA claims…

Continue Reading BIPA Floodgates Remain Open: Illinois Supreme Court Rules Generous 5-Year Statute Of Limitations Applies To All Illinois Biometric Information Privacy Act Claims