Law note · Illinois
BIPA Private Right of Action and 2024 Damages Amendment (SB 2979 / P.A. 103-0769)
Arms any person aggrieved by a BIPA violation with a private right of action in state circuit court or as a supplemental federal claim, recovering the greater of $1,000 or actual damages for a negligent violation and the greater of $5,000 or actual damages for an intentional or reckless violation, plus attorneys' fees, costs, and injunctive relief.
The Illinois Supreme Court held a claim accrues with each scan or disclosure (Cothron v. White Castle, 2023) under one uniform five-year limitations period for every Section 15 claim (Tims v. Black Horse Carriers, 2023); a 2024 amendment then capped recovery at one award per person per collection or disclosure method, responding directly to Cothron's invitation to the legislature to revisit the resulting damages exposure.
The Seventh Circuit held in 2026 that the cap is a remedial change to available damages, not a substantive change to BIPA's liability standard, so it applies retroactively to cases already pending when the amendment took effect (Clay v. Union Pacific Railroad Co., 2026).
What it asks of an app
- Expect a private right of action for any BIPA violation, carrying statutory damages of $1,000 for a negligent violation or $5,000 for an intentional or reckless violation, or actual damages if greater, plus attorneys' fees and litigation costs.
- Treat repeated collection or disclosure of the same biometric identifier from the same person by the same method as a single violation carrying at most one recovery, including for conduct that predates August 2, 2024.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice
Primary source: Illinois Compiled Statutes official code site and Illinois General Assembly, Public Act 103-0769 (enrolled act)