Employees File Suit for Biometric Violations

November 19, 2018- Plaintiff consumers and employees continue to file class action lawsuits alleging violations of Illinois’ Biometric Information Privacy Act, a statute that purports to govern the collection, use and disclosure of individuals’ biometric information.


The Illinois Legislature passed the Biometric Information Privacy Act in 2008, in recognition of the growing use of biometrics for business and security purposes, along with the threat associated with such information being compromised. The BIPA is intended to regulate the collection, use, storage, and destruction of biometric information while imposing various requirements on the collection, use, retention and destruction of this information.

Over the past two years, multiple courts have been asked to answer what, if any, nonprocedural harm must be alleged to qualify a plaintiff as “aggrieved” under the BIPA. The fighting issue to date has focused on whether plaintiffs have the requisite standing to maintain a BIPA cause of action in the first instance. Regardless of the court’s answer, companies who do collect or use employees’ or consumers’ biometric information must continue to be mindful of the BIPA and its procedural requirements.

contact us

If you or someone you know believes their biometric information has been collected without adherence to BIPA’s various procedural requirements, please contact us. All consultations are free of charge. You may be eligible to be included in a Class Action Lawsuit.

Kohn, Swift & Graf is a national leader in class actions, including complex consumer litigation. With experienced consumer class action attorneys and a competent support staff, our firm strives to provide the highest quality of service to our clients. We treat each case with careful attention to ensure that consumers get the justice they deserve. KS&G is centrally located in Philadelphia, PA. We handle cases nationwide.