Shaping the BIPA Landscape: Notable Trends and Developments

The Illinois Biometric Information Privacy Act (BIPA) remains one of the most litigated privacy statutes, and it appears that trend will continue for the foreseeable future. Two consequential cases await decisions by the state’s Supreme Court, while there have been several notable settlements, including Snap Inc.’s agreement to a $35‑million class action settlement, judicial approval of a $92‑million class action settlement involving claims against TikTok and Clearview AI's settlement with the ACLU this past May. In this first article in a two-part series, we discuss current issues and trends in BIPA litigation. Part two will provide practical steps that companies that use or plan to use biometric technology can take to avoid liability under Illinois’ and other state’s laws. See “No End in Sight: Biometrics Litigation Trends” (Mar. 16, 2022).

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