For almost four years now, attorneys have remained relentless in their quest to extend the outer boundaries of the Illinois Biometric Information Privacy Act (BIPA) as far as courts are willing to allow. During this period, many defendants have struggled with procuring dismissals of BIPA class claims.

One particular defense, however, has developed into an extremely robust tool for companies engaged in biometric privacy class suits: BIPA’s “financial institution” exemption. Contrary to what its name suggests, the benefits of this entity-level carve-out extend to a range of entities well beyond traditional banks and financial institutions. A recent BIPA opinion issued by a Northern District of Illinois court demonstrates the expansive scope of the exemption and provides several key takeaways for defendants to defend against—and outright defeat—BIPA claims at a time when biometric privacy class action exposure continues to grow.Continue Reading Federal Court Dismisses Biometric Privacy Class Action Brought Against University, On Basis It Was a Regulated “Financial Institution”