Biometric Update: Advocates seek higher biometric data privacy damages as settlement millions add up

April 13, 2022

EPIC argues for claim accumulation

The scope of claims under Illinois’ biometric data protection law should include all instances of violation, not just the first one, according to an amicus brief filed by the Electronic Privacy Information Center (EPIC) in a case being heard by the Supreme Court of Illinois.

The dispute between Cothron v. White Castle under the state’s Biometric Information Privacy Act (BIPA) was sent to the State Supreme Court to decide if potentially ruinous penalties should be levied based on repeat violations.

EPIC argues in the brief that the State Supreme Court ruling in Rosenbach v. Six Flags clarifies that each violation causes injury, leading to the rejection of White Castle’s arguments by district and appeals courts. The organization also suggests that a finding for White Castle would allow employers to secretly collect biometrics from employees, “wait out the statute of limitations,” and then use it with impunity.

Plaintiffs suing Clearview AI are arguing that a judgment not to dismiss the suit on grounds of legal standing was sound, and does not need to be reconsidered, counter to what the company argues, reports Bloomberg Law.

Meanwhile, a proposed class-action lawsuit has been filed against eyewear vendor LVMH in federal court alleging violations of BIPA’s informed consent requirements with its Virtual Try-On tool, according to The Business Times.

Read more HERE.

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