BIPA Claims Don't Mean Ruinous Damages, Ill. Justices Hear

By Lauraann Wood (May 17, 2022, 10:19 PM EDT) — The specter of astronomical damages isn’t reason to artificially limit how claims accrue under Illinois’ biometric privacy statute, a White Castle worker told the state’s Supreme Court during oral argument Tuesday, arguing that damages could be calculated more reasonably.

Latrina Cothron, who claims the chain violated the Illinois Biometric Information Privacy Act with its fingerprint scans of workers, wants the court to rule that a claim under BIPA accrued with each scan or improper disclosure of her data. White Castle wants the court to determine a BIPA violation accrues only at the first alleged violation, and, backed by a number of…

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