Commercial litigation
Overview
Following the seminal decision in Rosenbach v. Six Flags Entertainment Corporation, the standards used to seek redress under the Illinois Biometric Information Privacy Act ("BIPA") were reduced drastically, as claimants are no longer required to plead or prove an injury in fact. These class action lawsuits bring draconian consequences, as they allow plaintiffs to recover $1,000 per “negligent” violation and $5,000 per “intentional or reckless” violation. The plaintiffs' bar has become very creative in their arguments and rationale, and often attempt to argue that each biometric scan is a separate violation, leading to 7, 8 and sometime 9-figure damages.
Private employers within the state of Illinois that collect any biometric data all need to ensure they are developing clear, meaningful and cogent advice on their rights, remedies, potential insurance coverage and compliance. This can become an immediate and potentially expensive consideration if employers are sued by an individual under BIPA attempting to certify a class.
Jim Wideikis has handled dozens of BIPA claims on behalf of employers, including pre-suit counseling to ensure that clients are collecting and using biometric information in conformity with the law. Jim, is one of the premier litigators in Illinois who is experienced in navigating this brand new legal field and leads CGW’s practice handling BIPA related claims.
