A Robust Tool For Defending Against Illinois Biometric Suits

By David Oberly (June 21, 2022, 4:49 PM EDT) — For over three years, attorneys have remained relentless in their efforts to extend the outer boundaries of the Illinois Biometric Information Privacy Act as far as courts are willing to allow. Throughout this period, many defendants have struggled with mounting a defense capable of procuring an outright dismissal of BIPA claims.

One particular defense, however, is developing into a potentially robust tool for companies engaged in biometric privacy class suits — BIPA’s financial institution exemption. Contrary to what its name suggests, however, the benefits of this entity-level carveout extend to a range of entities well beyond traditional banks and financial institutions….

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