BIPA Preemption is Punted Past Initial Pleading Stage Wednesday, April 28, 2021 Once again, we find ourselves reviewing a pertinent decision regarding the Illinois Biometric Information Privacy Act (“BIPA”). For our new readers, BIPA regulates the sale and storage of “biometric information”. In 2008, when the legislature enacted it, BIPA was acknowledged as forward thinking. Since then, it has consistently raised novel issues in litigation. A recent case revisits an issue that we have discussed before: whether certain federal statutes may preempt BIPA. In this case, ultimately, the court was unable to reach the issue at the earliest pleading stage. Read on to learn more.