Chicago Partner Rusty Perdew, a member of the Firm’s Class Actions Practice Group, commented on an upcoming decision from the U.S. Court of Appeals for the Second Circuit considering the scope of the Illinois Biometrics Information Privacy Act (BIPA), a decision that “will carry a lot of weight” on how the privacy law is handled and enforced.
Perdew explained the Second Circuit Court could decide whether a plaintiff can sue a defendant for a BIPA violation that doesn’t cause a concrete injury. He noted: “BIPA violations often cause no damage. The (Second Circuit) decision could dramatically limit how many BIPA cases are filed and whether the existing cases continue.”
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