BIPA filings in federal court down

The volume of lawsuits alleging biometric data privacy violations under Illinois law in federal court have declined, with the first quarter of 2024 marking the fewest since 2019.

There were 13 BIPA lawsuits filed in federal court in the past quarter, Bloomberg Law reports, compared to more than two dozen in the first quarter of 2023.

Bloomberg data indicates there were nearly 90 BIPA lawsuits filed in 2020, about 75 in 2021, nearly the same number in 2022, and around 80 last year. In the year before the 2008 statute began attracting major attention from attorneys, there were less than 40 lawsuits filed in federal court under the most litigious biometrics regulation in America.

Complaints related to employee biometrics have varied significantly from quarter to quarter, but made up six of the 13 filed in federal court over the past quarter.

Lawsuits under BIPA are eligible to be heard in federal court if they have Article III standing, and meet certain criteria such as involving commerce between businesses in different states.

Bloomberg suggests that the reduction in news cases may be attributable to settlements, proposed amendments and perhaps the list of possible defendants dwindling, with more than 600 BIPA suits in federal court since 2015, and even more at state level.

And yet it moves

Even with a decrease in the total number of cases, BIPA will remain America’s busiest biometrics statute. The BIPAbuzz podcast has been launched by host Doug O’Gorden to examine the lawsuits, compliance challenges, and potential changes to BIPA and related laws in the United States.

Episode 1 features interviews with a pair of Illinois lawyers, take-aways from the “BIPA turns 15” event in Chicago, and an examination of changing interpretations of the law.

One prominent example shows the potential for more big-money penalties or settlements.

U.S. District Judge Jorge Alonso has certified a class action against Amazon over its alleged use of biometrics for a virtual cosmetics try-on service without collecting explicit informed consent.

Amazon argued it was exempt, citing an eyewear try-on service. The comparison was rejected however, because the exemption was for prescription eyewear, and therefore related to healthcare, unlike Amazon’s service, the Cook County Record reports.

Article Topics

biometric data  |  Biometric Information Privacy Act (BIPA)  |  biometrics  |  BIPAbuzz  |  data privacy  |  data protection  |  lawsuits  |  legislation