The Biometric Information Privacy Act (BIPA) is perhaps one of the most far-reaching of data privacy guardrails in the plaintiffs bar’s back pockets—and with a recent verdict, it is set to become more formidable than ever.
On Feb. 17, the Illinois Supreme Court significantly expanded the scope of BIPA in Latrina Cothron v. White Castle System by ruling that a separate claim can arise for damages every time a business collects biometric data from workers or consumers without their explicit permission. While the statute itself doesn’t specify the terms of such claim accrual, White Castle argued that damages should only be paid for the initial unlawful scan. But in a split decision, the court held that White Castle could be liable to pay record-setting damages up to $17 for every repeating claim.
