Earlier this month, the U.S. Court of Appeals for the Seventh Circuit, issued a significant ruling limiting exposure under the Illinois Biometric Information Privacy Act (BIPA). The court held that a 2024 amendment to BIPA capping damages at a single recovery per plaintiff applies retroactively to all cases pending at the time the amendment took effect.
Why this matters: Over the past several years, BIPA litigation has posed substantial financial exposure for employers and companies using biometric systems (such as fingerprint time clocks or security access tools). Following a 2023 decision by the Illinois Supreme Court, plaintiffs argued they could recover damages for each individual scan of biometric data. In response, the Illinois legislature amended BIPA in 2024 to clarify that individuals are generally limited to a single recovery for the same biometric data, rather than repeated recoveries for each use or scan.
What the Seventh Circuit decided: The Seventh Circuit has now confirmed that this limitation applies not only going forward, but also to lawsuits that were already in progress when the amendment became law. In practical terms, this significantly reduces the potential damages exposure in many pending BIPA cases.
What to do now: Companies that utilize biometric data, whether for timekeeping, security, or other purposes, should continue to ensure compliance with BIPA’s notice and consent requirements. For those facing existing claims, this decision may present an opportunity to reassess exposure and case strategy.
If you have questions about how this development affects your business or would like to review your current biometric data practices, contact us at info@tristancervantes.com.
