BIPA violation claim stated when concrete, specific harm pleaded

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Judge LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted November 24, 2020 11:04 AM

Today’s 7th U.S. Circuit Court of Appeals case is one of first impression under the Illinois Biometric Information Privacy Act (740 ILCS 14/15(a)), holding that a complaint for violation of the act’s biometric identifiers privacy requirements stated a claim because a concrete and particularized harm was pleaded.This conclusion is unlike the 7th Circuit’s prior decision in Bryant v. Compass Group USA, Inc., 958 F.3d 617 (7th Cir. 2020), where the BIPA claim failed because no concrete and particularized harm was pleaded. The …

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