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Seyfarth Synopsis: The U.S. District Court for the Northern District of Illinois recently denied Plaintiff’s motion to reconsider a prior dismissal of his privacy action due to untimeliness.  In a case titled Bonilla, et al. v. Ancestry.com Operations Inc., et al., No. 20-cv-7390 (N.D. Ill.), Plaintiff alleged that consumer DNA network Ancestry DNA violated the Illinois Right of Publicity Act (“IRPA”) when it uploaded his high school yearbook photo to its website.  The Court initially granted Ancestry’s motion for summary judgment, finding Plaintiff’s claims to be time-barred under the applicable one-year limitations period.  Upon reconsideration, Plaintiff  – unsuccessfully – made a first-of-its-kind argument that the Court should apply the Illinois Biometric Privacy Act’s five-year statute of limitations to the IRPA.Continue Reading Federal Court Rejects Application of BIPA Statute of Limitations to Privacy Act Violations

The recent Cothron v. White Castle Illinois Supreme Court decision ruled that BIPA violations accrue with each collection, leading to skyrocketing claims – and damages. It’s critical for employers to understand what this decision means, how this decision affects them, and how to avoid the risks inherent in employee data collection.  

Our March 21, 2023

As we move into 2023, Biometric Information Privacy remains a constantly evolving field, with states enacting new statutes, technology evolving, plaintiffs raising new theories, and cases being filed daily. Keeping up with biometric laws can be a daunting task for these reasons.

On February 7, 2023, we led a webinar looking at some of the