Did you have your face, voice, eye, fingerprint, temperature or likeness scanned or recorded to verify your ID? Illinois residents may be entitled to compensation of up to $5,000 each for loss of privacy. 

WHAT’S THE ISSUE?

A landmark Illinois privacy law – the Illinois Biometric Information Privacy Act (BIPA) – has been recently upheld at trial, bringing forth new rights for Illinois residents to their biometric privacy, or scans and/or recordings of their personal identifiers, including fingerprint, face, voice and more. Companies and employers must first have written consent to collect this information, and Illinois residents can take legal action against those who recorded their biometric data without consent and can be eligible to receive up to $5,000 per violation.

HOW DO I KNOW IF I HAVE A BIPA CLAIM?

Consumers and employees have rights to their personal biometric privacy under Illinois law. If you have had your face, likeness, voice, temperature or fingerprint scanned or recorded to verify your identity, you are likely affected. 

  1. Were you required via mobile app to verify your identity by providing a selfie and/or photograph of your ID?
  2. Were you made to verify your identity by voice through customer support calls?
  3. Were you required to get your temperature taken via biometric scanner?
  4. Did your employer require you to check into work via a faceprint or fingerprint scan?
  5. Were you required to verify your ID via eye or retina scan?

WHAT IS THE ILLINOIS BIOMETRIC INFORMATION PRIVACY ACT (BIPA)?

Unanimously passed in 2008, the Illinois Biometric Information Privacy Act or BIPA is an Illinois state law that requires informed, written consent before the capture, use and storage of biometric information, including disclosures about an entity's data collection practices. BIPA helps ensure that individuals have and maintain control over their own biometric data. It prohibits private companies from collecting it without consent in writing and outright prohibits the sale or profiting from it. BIPA established a standard of how companies must handle Illinois residents’ personal biometric information.

BIPA provides for as much as $5,000 in liquidated damages for every willful or reckless violation and $1,000 for every negligent violation.

HOW CAN A CLASS ACTION HELP?

Recently, a freight company was hit with a $228 million judgment at trial concerning employees’ rights under Illinois BIPA biometric privacy law. Our legal team has taken on other Big Tech companies including Facebook and Carrier IQ regarding privacy rights, and we believe individuals have a right to their own data, information security and confidentiality. Taking legal action under BIPA ensures that companies will be held accountable for violating your privacy rights, at a time when your data matters. Our legal team will fight for your rights to compensation under Illinois law for any loss of privacy you experienced.

HIGH TECH LITIGATION ATTORNEYS

Hagens Berman is one of the most successful litigation law firms in the U.S. and has achieved more than $320 billion in settlements for consumers in lawsuits against major Big Tech corporations, automakers, big banks and others. Our firm brings cutting edge cases against major tech companies. While some of these companies believe they are too big to fail, our firm is well-practiced in uncovering violations of the law and holding responsible parties accountable for widespread wrongdoing.

NO COST TO YOU

There is no cost or fee whatsoever involved in joining this action. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to your legal team. In no case will any class member ever be asked to pay any out-of-pocket sum.

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