Strategies for defending against the newest BIPA class action threat: Mass arbitration

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

For years, arbitration has offered businesses a lower-cost alternative to expensive class action litigation. Recently, however, companies have seen a sharp uptick in the use of abusive mass arbitration by the plaintiff’s bar to neutralize arbitration provisions and class action waivers and, more importantly, gain leverage to extract sizeable settlements regardless of the merits of the underlying claims.

This tactic has been used with increasing frequency particularly in Illinois Biometric …

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