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In growing number of privacy litigation cases, plaintiffs allege that their personal information was improperly intercepted and disclosed to third parties, including in relation to information purportedly provided through a website’s chat feature. Licea v. Old Navy
In Tims v. Black Horse Carriers, the Illinois Supreme Court ruled claims under Illinois’s Biometric Information Privacy Act, BIPA are subject to a 5 year statute of limitations. Both parties agreed the appellate court erred in applying 2 different limitations periods to BIPA.
Illinois appellate court ruled Apple biometric unlock features, like Touch ID fingerprint scanning, Face ID facial geometry scanning, do not violate Biometric Information Privacy Act BIPA. Residents alleged Apple’s Face ID impermissibly collects data from Photo app pictures.
The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software. These lawsuits follow a nearly identical script.
In Kukovec v. Estee Lauder Co., the court found the plaintiff failed to adequately allege recklessness in connection with her request for damages underlying her Illinois Biometric Information Privacy Act cause of action but highlights the need for compliance for companies.