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Privacy World
Recently, the United States Court of Appeals for the Seventh Circuit, in a unanimous decision, prevented plaintiffs from imposing massive liability on a company accused of violating the Illinois Biometric Information Privacy Act (“BIPA”) and held that Illinois’ 2024 amendment decreasing BIPA damages applies retroactively. BIPA Background and 2024 Amendment Enacted in 2008, BIPA regulates...
April 2026 | Blog
One of the most significantly litigated areas of privacy law is biometric privacy. Tools that collect biometric information and biometric identifiers—including facial geometries, fingerprint scans, and voiceprints—are increasingly common for businesses across industries. Unfortunately, such tools in recent years have become focuses of the plaintiffs’ bar. 2025 saw continued developments in litigation under Illinois’ Biometric...
December 2025 | Blog
A Domino’s customer may proceed in her putative class action for violations of the California Invasion of Privacy Act (CIPA) against ConverseNow for its provision of an AI virtual assistant that processes restaurant telephone orders. In Taylor v. ConverseNow Technologies, Inc., Case No. 25-cv-00990-SI, 2025 WL 2308483 (N.D. Cal. Aug. 11, 2025), the Court held...
Over the past year, there has been an explosion of lawsuits targeting website analytics and tracking tools. One recent decision brought businesses another victory in challenging lawsuits alleging violations of the California Invasion of Privacy Act’s (CIPA)’s prohibition against use of “pen registers” and “trap and trace devices.” Cal. Penal Code § 638.51. In a recent...
In early October, a federal court in the Northern District of Illinois refused to dismiss a privacy litigation brought against a healthcare website operator for claims under the Electronic Communications Privacy Act (ECPA). The court held that the plaintiff plausibly alleged that Defendant violated the Health Insurance Portability and Accountability Act (HIPAA) by revealing to...
Earlier this fall, the United States Court of Appeals for the Second Circuit undermined a strategy often used by the plaintiff’s bar in privacy claims: the threat of mass arbitration fees. In a decision reversing the district court, the Second Circuit held that the petitioners cannot use the Federal Arbitration Act (FAA) to compel arbitration...
Publication
August 2024 | Americas
Last week, the Illinois House of Representatives joined the Illinois Senate in passing amendments to the state’s Biometric Information Privacy Act (“BIPA”) to limit the scope of possible damages for violations of BIPA. As covered extensively here on PW, last year in Cothron v. White Castle, the Illinois Supreme Court held that an individual person... Continue Reading
May 2024 | Blog
Earlier this month, arbitration services provider JAMS announced that it created a new set of Mass Arbitration Procedures and Guidelines (“Mass Procedures”) for use in mass arbitrations. Like competitor American Arbitration Association’s (“AAA”) update to its mass arbitration supplementary rules (“AAA Supplementary Rules”) earlier this year, JAMS’s new procedures include some features that may mitigate... Continue Reading
The Illinois Genetic Information Privacy Act, 410 ILCS 513/1, et seq. (“GIPA”), which was passed in 1998 and amended in 2008, had until recently received little attention from the plaintiffs’ bar. That changed last August, after a court granted certification in a federal GIPA class action involving alleged unauthorized disclosure of consumers’ genetic information to... Continue Reading
Today, in a unanimous opinion, the Supreme Court of the United States ruled that agencies of the federal government can be sued by individual consumers for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq. The decision is significant in that it paves the way for more FCRA suits against... Continue Reading
February 2024 | Blog
2023 was another busy year in the realm of data event and cybersecurity litigations, with several noteworthy developments in the realm of disputes and regulator activity. Privacy World has been tracking these developments throughout the year. Read on for key trends and what to expect going into the 2024. Growth in Data Events Leads to... Continue Reading
January 2024 | Blog
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