2022 was another banner year for Illinois Biometric Information Privacy Act (“BIPA”) class action litigation, with a number of high-profile developments taking place in this space, the most notable being the first BIPA jury verdict in Rogers v. BNSF Ry. Co., No. 19 CV 3083 (N.D. Ill.). At the same time, class action filings continued apace, while several decisions on key BIPA issues extended the boundaries of liability exposure for non-compliance even further.
First BIPA Trial Results in Resounding Win for Plaintiff