Michael Best partner Jim Fieweger was quoted in Law360’s article, “ III. High Court Set To Shape Biometric Privacy Litigation” on November 19, 2018.
“Illinois' Supreme Court on Tuesday will hear oral arguments in a case that could shape future litigation under the state's biometric privacy law, following many lawsuits against companies over claims they unlawfully collected individuals' personal information without consent or disclosure.
Arguments in Stacy Rosenbach v. Six Flags Entertainment Corp. and Great America LLC will center on the question of whether a technical violation of the decade-old law, without alleging a concrete injury, is enough to establish standing.
"This is a very important case, but it's one of the first steps," James Fieweger of Michael Best & Friedrich LLP told Law360.
Under the Illinois Biometric Information Privacy Act, or BIPA, companies that capture individuals' biometric information, such as a fingerprint, voice sample or retina scan, are required to obtain written consent and provide written and public disclosures about use, storage and destruction of that data. Defendants found in violation face liability in actual damages or a $1,000 fine for each negligent violation, or actual damages or a $5,000 fine for each reckless violation.”
To read the full Law360 article, click here.