Analysis of the exemption of financial institutions from BIPA | White Rome LLP

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Since the 2019 Illinois Supreme Court decision in Rosenbach v. Six Flags Entm’t Corp., 129 NE3d 1197 (Illinois 2019), which ruled that no actual injury or harm was necessary to sue for alleged violations of the draconian biometrics privacy law of the Illinois. – Litigation under the Illinois Biometric Information Privacy Act has reached number one as the newest class action trend in the nation.

While the wave of BIPA filings has remained constant, the targets of these class actions have fluctuated over time. Originally focused primarily on employers who use fingerprint biometrics for timing purposes, plaintiffs’ lawyers have branched out into seeking a wide variety of new targets for this business betting litigation.

For the first time, financial institutions found themselves in the crosshairs of the BIPA class action lawsuit. This came as a surprise to many, as the Illinois Biometric Privacy Act provides a complete exemption from legal compliance for entities that fall under the scope of the Gramm-Leach-Bliley (GLBA) Act. , which covers the majority of financial institutions. in service today.

Originally published in the September 2021 edition of Bloomberg Law Professional Perspectives.

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