This session was recorded on Wednesday, June 12, 2019.
About the Program
More and more, employers are using finger-scanning equipment to track their employees’ hours of work. A finger-scan may contain “biometric” information that some states have sought to protect under a right to privacy rationale. One of the most aggressive states in terms of protecting biometric information is Illinois, through its 2008 Biometric Information Privacy Act (“BIPA”), a statute that regulates employers’ collection, use and storage of biometric data. In January 2019, the Illinois Supreme Court held that a plaintiff need not allege or show actual harm to bring a claim under BIPA. BIPA is especially attractive to plaintiffs’ attorneys because it allows for recovery of $1,000 liquidated damages “per violation” (an undefined term) for a negligent violation or $5,000 for an intentional or reckless violation, and attorney fees with no cap on damages. Plaintiffs’ attorneys waited expectantly for the Illinois decision and within the first week began filing class action after class action against employers. Now, states like Arizona, Florida and Massachusetts are attempting to pass legislation similar to Illinois and Texas and Washington already have similar statutes (but with no private cause of action attached to them).
This webinar discusses the primary defenses to avoid a BIPA class action. The best way to avoid BIPA penalties is to comply with BIPA’s requirements, particularly those requiring specific disclosures and receipt of a written release prior to collection of biometric data. If, however, you are faced with a BIPA class action and you do not have the requisite policy and release, there are still other defenses to minimize the impact of these new lawsuits. Join Jeff Mokotoff to put your company in the best position to avoid the newest class action claims.
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