On January 25, 2019, the Illinois Supreme Court issued a unanimous decision in a case interpreting the Illinois Biometric Information Privacy Act (“BIPA”). In Rosenbach v. Six Flags Entertainment Corporation, the court ruled that a plaintiff need not allege the existence of an actual injury or adverse impact to recover for violations of the Act. Rather, the mere violation of BIPA in and of itself is sufficient to allow a plaintiff to recover liquidated damages, attorney’s fees and costs, and even injunctive relief. This Client Alert, written by Partner Michael J. Summerhill, details what BIPA could mean for your company.
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