Gordon Rees Scully Mansukhani Associate Richard E. Daniels authored an article entitled "Trio of Rulings Leave Few Defenses for BIPA Defendants" published by Bloomberg Law.
This article explores three recent rulings that have drastically changed the litigation landscape under the Illinois Biometric Information Privacy Act ("BIPA"), and the remaining few defenses that companies may be able to capitalize on. Notably, the Illinois Supreme Court recently held that damages under BIPA can be calculated based on the amount of times each class member scanned their biometric identifier ($1,000 per scan for negligent violations and $5,000 for intentional or reckless violations). Up until then, damages were calculated solely based on the number of class members. This new ruling exponentially increases defendants’ exposure under BIPA and will likely lead to a shift in how the defense bar approaches and litigates these cases.
Mr. Daniels is an Associate in the Gordon & Rees Chicago office who practices commercial and tort litigation, including class action defense in state and federal court.
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