BIPA Class Actions Explode as Small Businesses Struggle with Lawsuits

The BIPA Radar: A Lewis Brisbois Podcast

In Episode 7 of The BIPA Radar, our co-hosts Mary and Josh dive into an eventful summer for the BIPA litigation landscape, as the number of class action lawsuits concerning the Act continues to skyrocket. The Illinois Supreme Court recently denied national restaurant chain White Castle’s petition for rehearing in Cothron v. White Castle, a case which dominated headlines in February when the court ruled that a separate claim accrues under BIPA each and every time a private entity collects or discloses a biometric identifier or information. Cases alleging violations of BIPA jumped over 65% in Illinois circuit courts in the first two months since the Cothron ruling. Mary and Josh also highlight Rogers v. BNSF Railway Co., the first BIPA case to proceed to trial, in which an Illinois federal district court ruled on post-judgment motions and vacated the $228 million damages award on June 30. The Rogers decision solidified the Supreme Court of Illinois’ statements in Cothron and a prior Illinois appellate court’s statements, which provide that damages under BIPA are discretionary, and that a jury should hear all evidence for and against entering an award for statutory violations that result in no real world harm. 15 years since BIPA was first introduced, business owners in Illinois and employment attorneys handling these complex cases should stay informed on these latest updates, and seek the appropriate legal guidance to defend claims and shore up compliance.