Designing a BIPA Defense: Using Arbitration Agreements and Class Action Waivers to Limit BIPA Liability
By EsqSocial Corporation 05/01/21
Over the last 18 months or so, companies that utilize fingerprint scanners and other biometric technologies have faced a relentless wave of class action litigation filed in connection with purported violations of Illinois’ Biometric Information Privacy Act (“BIPA”). 2019 was a rough year for BIPA defendants, as courts issued a string of plaintiff favorable decisions that greatly expanded the scope of potential BIPA liability, while limiting many of the major defenses. As just one example, after...
By: Blank Rome LLP