Illinois Biometric Privacy Act


The Illinois Biometric Privacy Act (BIPA) is one of the most stringent in the country, and protects consumers from having their biometric information used without their consent by employers or other companies. In today's society, technological advances are happening rapidly, and consumers need to stay on their guard to prevent their information from being used in ways they never consented to.

The consumer law attorneys at Markoff Leinberger in Chicago are familiar with the Illinois Biometric Privacy Act, and can help you bring an individual lawsuit or a class action lawsuit against a company you feel has used your biometric information improperly. Call us at 312-726-4162 to schedule your free consultation today.

What Is The Illinois Biometric Privacy Act?

Under the Biometric Privacy Act, abbreviated as BIPA, any private entity with access to an individual's biometric information must have in writing a plan for destroying the information, and consumers must consent to the use of their biometric information in writing.

Biometric information is any biological feature that can be used to identify an individual, including:

  • Fingerprints
  • Facial recognition
  • Retina scans

Biometric information is increasingly being used as an identifier by companies. Examples include the use of fingerprints to clock in and out of work and facial recognition tools being used to facilitate identification on websites such as Facebook or Google.

However, while biometric information as an identifier may seem harmless at first, the potential for fraud and theft is high. If your credit card number is stolen, you can change it - but if your fingerprints are stolen, what then?

The Illinois Biometric Privacy Act is intended to keep consumers safe from companies using their biometric information in potentially dangerous ways. Here at Markoff Leinberger, our attorneys will represent you against your employer or any big company mishandling your biometric data.

Examples Of BIPA Lawsuits

There have been many lawsuits brought forth recently by concerned Illinois residents against companies in violation of BIPA. Examples include:

  • A lawsuit against Speedway for not obtaining employee consent for fingerprint-operated time clocks, and for sharing fingerprint data with a third party company without employee knowledge.
  • A lawsuit against Lettuce Entertain You restaurants (including Wow Bao) for using facial recognition scans at self-serve kiosks without obtaining written consent from consumers, and without informing consumers of how long their data will be stored and whether it will ever be destroyed.
  • A lawsuit by an Illinois resident accusing photo service Shutterfly of storing identifying facial information without his consent after a friend tagged him in a photo.

If you think that you have been a victim of improper biometric data storage or sharing, don't hesitate to contact our consumer law attorneys to see if you have grounds for a biometric privacy act lawsuit.

illinois biometric privacy act information

What Are The Potential Damages Under BIPA?

Under BIPA, consumers are entitled to either:

  • $1000 or actual damages for each negligent violation
  • $5000 or actual damages for each knowing or reckless violation

Let us help you obtain the maximum compensation possible for your case. Biometric information is the most personal and sensitive information a company can obtain, and there is no excuse for being careless or intentionally malicious with it.

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"Markoff Leinberger is an outstanding law firm. As a client, I’ve experienced markedly superior legal representation from this firm. They fought hard for my rights. Both as a lawyer and as a consumer of legal services, I highly recommend Markoff Leinberger for your legal needs." - R.M.

Contact Markoff Leinberger For A Consultation In Chicago!

If you feel that your rights under the Illinois Biometric Privacy Act have been violated, contact Markoff Leinberger at 312-726-4162 today to schedule your free legal consultation.

We serve clients in Chicago, Illinois and nationwide.


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