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Jonathan Rosenfeld
J.D

March 2, 2023

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Illinois Biometric Privacy Violation Lawsuit Attorney
A recent court ruling may open door for users of Amazon’s Alexa to pursue a claim for compensation.

Are you concerned about your privacy and the security of your personal data in today’s digital age? Do you know that the use of biometric data is becoming increasingly prevalent in various industries, from finance to healthcare and beyond?

The biometric lawsuit is a legal case that has captured national attention and sparked a broader conversation about using biometric data and the need for stronger privacy protections.

Were you harmed by an intentional or reckless violation of protected biometric identifiers? The personal injury attorneys at Rosenfeld Injury Lawyers, LLC legally advocate for the privacy of every person’s biometric data.

Contact our class action law firm at (888) 424-5757 or use the contact form to schedule a free consultation to discuss your Illinois biometric lawsuit. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

The Illinois Biometric Information Privacy Act

What Is Biometric Data, and How Is it Collected?

Collecting unique physical or behavioral characteristics constitutes biometric data that can be used to identify an individual, such as fingerprints, facial recognition patterns, or voiceprints. Biometric data can be collected in various ways, such as through fingerprint scanners, facial recognition technology, or voice recognition software.

Biometric data is becoming increasingly prevalent in various industries, from finance to healthcare. For example, collecting truck drivers’ fingerprints can be used to track who is operating a vehicle, or facial recognition technology can help increase airport security.

What Is the Illinois Biometric Information Privacy Act?

The Illinois Biometric Information Privacy Act (BIPA) is a state law that regulates the collection and use of biometric data in Illinois. The Illinois law enacted in 2008 requires companies to obtain written consent from Illinois residents before collecting or storing their biometric information.

BIPA also requires companies to develop a retention schedule and guidelines for destroying biometric data when it is no longer needed.

The biometric lawsuit involves plaintiff groups who filed a class action lawsuit against several companies that allegedly violated their biometric privacy rights by collecting and storing their biometric data without obtaining informed consent.

Recovering Damages

The lawsuit alleges that the companies violated BIPA, and the class members seek to recover actual damages, attorneys’ fees, and other litigation expenses.

The case has been through multiple legal proceedings, including a federal jury trial, a district court ruling, and a court of appeals decision. A federal judge assigned to oversee the case by the Illinois Supreme Court awarded damages for each intentional or reckless violation where companies stored actual fingerprint images.

Additionally, a jury verdict rendered an award based on the Illinois Biometric Privacy Act in favor of the plaintiffs due to a negligent violation.

The class members’ case highlights the importance of protecting individuals’ privacy rights and the need for stronger laws and regulations to prevent companies from collecting and using biometric data without consent.

The Plaintiffs and Defendants

The class action lawsuit was filed against several companies allegedly violating BIPA by collecting and storing biometric data without obtaining informed consent from Illinois residents.

The plaintiffs in the case are truck drivers who were required to provide their fingerprints for their job duties. The defendants in the case are the companies that collected and stored the truck drivers’ fingerprints without obtaining written consent as required by BIPA.

The legal issues involved in the case include whether collecting and storing biometric data without obtaining informed consent violates BIPA and, if so, what remedies are available to the plaintiffs. The case has been through several legal proceedings, including a federal jury trial, a district court ruling, and an appellate court decision.

In the federal trial, the jury determined that the defendants intentionally or recklessly violated BIPA when the company initially collected the data. Jurors awarded the plaintiffs $280 million in damages.

The district court later reduced the damages to $6 million, but the defendants appealed the ruling. In the appellate court decision, the court upheld the jury’s verdict. It ruled that the plaintiffs were entitled to damages for both pre-complaint and post-complaint violations of BIPA.

The case is ongoing, with future claims and actions pending. The Illinois Supreme Court recently assigned a federal judge to oversee the case, and it remains to be seen what the final outcome will be. The case underscores the need for strong privacy laws and regulations to protect individuals’ biometric information to obtain consent prior collecting such data.

The Impact of the Illinois Biometric Lawsuit on Businesses and Individuals

How Might the Biometric Lawsuit Affect Companies’ Use of Biometric Data?

The biometric lawsuit has significant implications for companies that collect and store biometric data. The case has brought attention to the need for companies to obtain informed consent before collecting and storing biometric information and to develop clear guidelines for how that data will be used, retained, and destroyed.

The lawsuit has also raised questions about the appropriate use of biometric data and the potential risks associated with its collection and storage.

As a result of the lawsuit, companies may be more cautious about collecting and storing biometric data and may seek to ensure that they comply with relevant laws and regulations. Companies may also need to invest in new technologies and systems to secure and protect biometric data, which could increase costs and administrative burdens.

What Are the Broader Implications of the Case for Privacy and Security in the Digital Age?

The lawsuit highlights the importance of protecting individuals’ privacy and security in the digital age. As biometric data becomes increasingly prevalent in various industries, it is crucial to ensure that individuals’ biometric data is collected, stored, and used responsibly and ethically.

The case underscores the need for strong privacy laws and regulations to protect individuals’ biometric data and the importance of informed consent before obtaining such data.

The lawsuit also raises broader questions about the appropriate use of technology and the potential risks associated with collecting and storing sensitive data. As the use of technology continues to grow, it is essential to balance the benefits of technology with the risks and potential harms it may pose to individuals’ privacy and security.

The case may serve as a precedent for future legal actions related to collecting and storing biometric data. It may also inspire policymakers to enact stronger laws and regulations to protect individuals’ privacy in the digital age.

What You Need to Know About the Biometric Lawsuit: Pending and Future Actions

The state’s Biometric Information Privacy Act has been the subject of intense litigation since its enactment. Many additional BIPA claims related to the law are currently pending or expected in the future.

Numerous lawsuits are pending against companies and other entities allegedly violating the Act by collecting and storing biometric data without obtaining informed consent. One notable example is a class action lawsuit against Facebook for using facial recognition collecting technology, constituting biometric data under Illinois law.

In addition to the numerous pending claims, more lawsuits will likely be filed in the future as the use of biometric data becomes more widespread. Legal experts believe the Act will serve as a model for similar laws in other states, which could lead to a wave of new litigation in the coming years.

Potential Outcomes and Implications

These pending and future cases could have significant implications for the legal landscape around biometric data.

If the plaintiffs in these cases are successful, it could deter companies and other entities from obtaining biometric data without obtaining written consent before collection, potentially leading to more excellent protection of individual privacy rights.

On the other hand, if the defendants in these cases are successful, it could create a legal precedent that makes it easier for private entities to obtain and use the data without fear of legal repercussions. This could be particularly concerning given the potential for the provided biometric data for surveillance, which could raise significant concerns about privacy and civil liberties.

As such, it is clear that the lawsuit has far-reaching implications for the use of the data in the digital age, and it will be necessary to closely monitor the outcomes of these pending and future claims to gain a better understanding of how the legal landscape around this issue is likely to evolve over time.

Contact An Illinois Biometric Privacy Violation Attorney Today

Contact Rosenfeld Injury Lawyers, LLC today to discuss your rights and legal options if you believe a company has collected your personal biometric information without your informed consent prior to collecting and disseminating biometric data.

Call us at (888) 424-5757 or contact us online. We are committed to holding companies fully accountable when they violate your legal right to privacy.

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We accept claims with no upfront fee, working on a contingency fee agreement where we only get paid once settlements are received.

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Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

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This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

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