Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA would create a national standard governing the collection, use, and disclosure of consumer personal information. It would also preempt a
Matthew D. Provance
More Than a Ban on Facial Recognition Use: The US FTC’s Rite-Aid Action and Proposed Stipulated Order
By Matthew D. Provance & Britteny Leyva on
As we previewed in our prior Legal Update, the Federal Trade Commission (“FTC”) warned businesses of its stance on the use and collection of biometric information in a May 2023 policy statement. Now, an enforcement action filed earlier this week offers insight into the potential consequences for businesses that do not comply with the…
Federal Trade Commission Issues Policy Statement on Biometric Information
Posted in Regulation, United States
On May 18, 2023, the Federal Trade Commission (“FTC”) issued a policy statement warning companies of the ways that collecting and using biometric information, or using biometric information technologies, might amount to an unfair or deceptive practice in violation of Section 5 of the FTC Act.
The policy statement identified several potentially deceptive practices: false…
Illinois Supreme Court’s Most Recent BIPA Decision Exponentially Increases Potential Exposure for Businesses
Posted in Litigation, Privacy / Data Protection
In what is becoming a pattern, the Illinois Supreme Court recently issued another decision interpreting the Biometric Information Privacy Act (“BIPA”) to expand potential liability for businesses. The court held in Cothron v. White Castle that each time a business collects or discloses an individual’s biometric data without first obtaining BIPA-compliant consent, a separate claim…