A Robust Tool to Defend Against Illinois Biometric Suits

By David Oberly (June 21, 2022, 4:49 PM EDT) — For more than three years, attorneys have remained relentless in their efforts to expand the outer limits of Illinois’ biometric information privacy law to the extent where the courts are willing to allow it. Throughout this period, many defendants struggled to mount a defense capable of obtaining an outright dismissal of BIPA’s claims.

One particular defense, however, develops into a potentially robust tool for companies engaged in biometric privacy lawsuits – the financial institution exemption from BIPA. Contrary to what its name suggests, however, the benefits of this entity-level exclusion extend to a range of entities far beyond traditional banks and financial institutions….

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