April 25, 2022

Justin Kay Speaks to Global Data Review About Biometric Information Privacy Act

Global Data Review turned to business litigation partner Justin Kay for insight on the potential impact of the Illinois Supreme Court’s response to Cothron v. White Castle System, which could limit or substantially increase the ceiling for damages allowed under the Biometric Information Privacy Act (BIPA).

Kay questioned if the decision would have a significant impact on BIPA litigation. “In the 7th Circuit briefing, White Castle made the point in distinguishing how BIPA is written that many other laws, including the Telephone Consumer Protection Act (TCPA), specifically and explicitly authorize statutory damages on a per-act basis,” he said.

“But despite that explicit authorization, TCPA cases nevertheless typically settle as a class on a per-person basis, not [on] a per call or per fax basis. I suspect the same would continue [to] be true with regard to BIPA.,” Kay continued.

Rather, the case could spur legislative changes, Kay noted. “If the Illinois Supreme Court sides with the plaintiffs’ bar, the business community has even stronger talking points supporting reigning in BIPA via amendment,” he added.

The full article is available for Global Data Review subscribers.

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