The Illinois Biometric Information Privacy Act (“BIPA”) provides a cause of action to a person who believes their biometric information is obtained or disclosed without an individual’s consent. In Gutierrez v. Wemagine.ai LLP, 2022 U.S. Dist. LEXIS 14831, the plaintiff brought a putative class action on the part of users of an app created
Personal Jurisdiction
In re Blackbaud MDL: Putative Class Representatives May Seek Discovery That Bears On Their Standing To Bring Suit
Long-time readers of CPW will recall that we’ve previously covered In re Blackbaud, a data privacy multi-district litigation (“MDL”) currently pending in the District of South Carolina. The defendant in the MDL is a cloud software company that suffered multiple ransomware attacks and data breaches between February and May 2020. The plaintiffs are individuals…
CPW Week in Review
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
Additional CCPA Regulations Approved, Take Effect | Consumer Privacy World
Seven Cents in Website Revenue Just Doesn’t Cut It: Illinois Court Dismisses…
Seven Cents in Website Revenue Just Doesn’t Cut It: Illinois Court Dismisses Plaintiffs’ BIPA Claims for Lack of Personal Jurisdiction
A commonly asked question after being named as a defendant in data privacy litigation is “well, do we have any available defenses to have the complaint dismissed?” A recent ruling out of Illinois provides some clarity on what a court may consider on a motion to dismiss for lack of personal jurisdiction for claims under…
BIPA Litigation Against Manufacturers and Vendors of Biometric Technologies: Where Are We Now?
Many of the litigations that CPW has previously covered involving Illinois’ Biometric Information Privacy Act (“BIPA”) have turned on issues with parties that have directly used biometric technology to collect and store personal information. These parties are often employers collecting information about their employees, such as having employees scan fingerprints to clock in and out. …
BREAKING NEWS: Amicus Brief Filed in BIPA Litigation Arguing Clearview’s Faceprinting Practices Not Protected By the First Amendment
As most of you already know, the Illinois Biometric Information Privacy Act (“BIPA”) regulates the storage and sale of biometric data. Following a New York Times expose earlier in the year, ten lawsuits were filed against Clearview AI which alleged, among other things, that Clearview’s practices violated BIPA. Why? Well, according to complaints filed in…