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On February 17, 2023, the Illinois Supreme Court issued an opinion in Cothron v. White Castle Systems, Inc., in response to a certified question from the Seventh Circuit, ruling that the plain language of Section 15(b) and 15(d) of the Illinois Biometric Privacy Act shows that a claim accrues under BIPA with every scan or transmission of biometric identifiers or biometric information without prior informed consent. …
Continue Reading Illinois Supreme Court Rules that a Claim Under BIPA Accrues with Every Scan or Transmission of Biometric Identifiers or Biometric Information Without Prior Informed Consent

On February 10, 2023, an Illinois federal district court ordered the dismissal of a putative class action lawsuit alleging that an online tool that allowed users to virtually try on sunglasses violated the Illinois Biometric Privacy Act. …
Continue Reading Illinois Federal Court Rules that BIPA Health Care Exemption Applies to Sunglasses Virtual Try-On Tool

On November 30, 2022, the Second District Appellate Court of Illinois reversed and remanded a grant of summary judgement in favor of defendant, J&M Plating, Inc., for alleged violation of the Illinois Biometric Information Privacy Act.
Continue Reading Illinois Appellate Court Holds Data Retention Policies Required When Collecting Biometric Data

On July 28, 2022, a federal judge approved TikTok’s $92 million class action settlement of various privacy claims made under state and federal law, which will resolve litigation that began in 2019 and involved claims that TikTok violated the Illinois Biometric Information Privacy Act and the federal Video Privacy Protection Act.
Continue Reading Judge Approves $92 Million TikTok Settlement

On March 25, 2022, the U.S. District Court for the Northern District of Illinois approved a $1.1 million settlement with TikTok Inc. to resolve claim that TikTok collected children’s data and sold it to third parties without parental consent. …
Continue Reading Federal Court Approves $1.1 Million TikTok Settlement Over Children’s Privacy Claims

On September 17, 2021, in Tims v. Black Horse Carriers Inc., Ill. App. Ct., 1st Dist., No. 1-20-563, the Illinois Appellate Court, in a case of first impression at the appellate level, addressed the statute of limitations under the state’s Biometric Information Privacy Act, holding that a five-year period applies to BIPA claims that allege the failure to (1) provide notice of the collection of biometric data, (2) take care in storing or transmitting biometric data, or (3) develop a publicly-available retention and destruction schedule for biometric data.
Continue Reading Illinois Biometric Law Limitation Period Clarified by Illinois Court