BIPA defendant ordered to produce per-scan damages data

By David J. Oberly, Biometric Privacy & Data Privacy Attorney

In February 2023, the Illinois Supreme Court issued its decision in Cothron v. White Castle Sys., Inc., 2023 IL 128004, allowing plaintiffs in Illinois Biometric Information Privacy Act (BIPA) class action suits to recover statutory damages for each instance of BIPA non-compliance, as opposed to only the first violation. Cothron completely altered the biometrics legal landscape, paving the way for astronomical damages in BIPA disputes, while also …

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