(Registration may be required to access this story. Case Name: McGee v LSC Communications Inc., et al. The Illinois Supreme Court’s decision in Rosenbach has led to a feeding frenzy of BIPA class action filings since early 2019, and the eye-popping $650 million Facebook agreed to pay to resolve the Patel litigation will only give plaintiffs’ attorneys even more incentive to pursue BIPA class litigation, even where no actual or injury has taken place, moving forward.
2017-CH-11311 (Cook County), Judge Raymond Mitchell denied a motion to dismiss on IWCA grounds, holding that damages awardable under BIPA are not psychological or physical and, as a consequence, are not compensable under the Act. Key legal issues may finally receive (some) clarity in the appellate courts. It is expected that a constitutional challenge based on the vagueness of the term "biometric information" is likely, particularly in circumstances where this definition extends to algorithms into which fingerprints are converted in timekeeping devices. You may also exclude yourself online by clicking here. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Please provide any additional information about your inquiry. As a result of the improvements made by Facebook in its updated offer, the court signed off on the litigants’ revised proposed settlement agreement.

Choose from four DPI events near you each year for in-depth looks at practical and operational aspects of data protection. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem. Access all surveys published by the IAPP. The actual cash amount an individual will receive is dependent on the number of valid claims submitted. If you hire an attorney in connection with making an objection, that attorney must also file with the court a notice of appearance by the objection deadline of February 26, 2020. Have ideas? ), pending in the Circuit Court of Cook County, Illinois before the Honorable Franklin U. Valderrama. The Illinois Senate introduced SB 2134 in February 2019, which would eliminate the private right of action in the present form of the statute. Rulings to date concerning vendor liability have been mixed, with both plaintiff and defense-friendly rulings issued in recent months. The IAPP is the largest and most comprehensive global information privacy community and resource. A number of companies have faced similar BIPA violation class action lawsuits for not managing and irresponsibly using and storing their employees’ biometric information. While the Panel’s decision is currently the subject of a petition for en banc review, expect to continue to see Article III issues popping up, particularly in the context of removal, as most BIPA class action lawsuits include both Section 15(a) and 15(b) claims. Facebook’s revised settlement terms and subsequent approval. This field is for validation purposes and should be left unchanged.
Similarly, at least one district court has found federal statutory labor preemption of BIPA claims brought under the Labor Management Relations Act (LMRA), which is broader than RLA preemption because it is not limited to a specific industry sector. The hallmark of Holland & Knight's success has always been and continues to be legal work of the highest quality, performed by well prepared lawyers who revere their profession and are devoted to their clients. In Treadwell v. Power Solutions International Inc., No. © 2020 International Association of Privacy Professionals.All rights reserved.


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