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Beware BIPA Bifurcation: Plaintiffs New Gambit To Split BIPA Claims Between State And Federal Courts - Privacy

To print this article, all you need is to be registered or login on Mondaq.com. The Illinois Biometric Information Privacy Act (BIPA) has spawned hundreds of class action lawsuits and a raft of unresolved issues.  A core issue from a litigation perspective as well as for companies bracing for potential lawsuits is one of standing, and in particular, what BIPA claims can be brought by plaintiffs in what venues. As we discussed in an earlier post, in a case from last year ( Bryant v. Compass Group USA, Inc.), the Seventh Circuit ruled plaintiffs have federal standing for claims alleging that a company collected biometric information

Students Sue Online Exam Proctoring Service ProctorU for Biometrics Violations Following Data Breach

Violating BIPA Section 15(b) Gives Federal Standing, but Section 15(a) Does Not?

Tuesday, March 16, 2021 The Illinois Biometric Information Privacy Act (BIPA) has spawned hundreds of class action lawsuits and a raft of unresolved issues.  A core issue from a litigation perspective as well as for companies bracing for potential lawsuits is one of “standing,” and in particular, what BIPA claims can be brought by plaintiffs in what venues. As we discussed in an earlier post, in a case from last year ( Bryant v. Compass Group USA, Inc.), the Seventh Circuit ruled plaintiffs have federal standing for claims alleging that a company collected biometric information without written consent (i.e., violated Section 15 (b) of BIPA).  BIPA has other requirements, however. Namely, that companies publicly disclose their biometric retention policy, 

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