On October 12, 2022, the first Illinois Biometric Information Privacy Act (“BIPA”) class action jury trial, Rogers v. BNSF Ry. Co., No. 19 CV 3083 (N.D. Ill.), concluded after five days of testimony and evidence. Just an hour later, the jury returned a verdict finding in favor of the plaintiff and awarding a staggering $228 million in statutory damages.
The verdict was a decisive victory for the plaintiff—especially as it relates to the speed of the jury’s decision and the amount of damages awarded—that immediately spiked the value of BIPA claims, while also increasing the already-expansive scope of liability exposure faced by companies that utilize biometrics in their commercial operations. More than that, this watershed event will have a notable, long-lasting impact on BIPA class action litigation and the larger biometric privacy landscape as a whole for years to come.