Biometric Information Privacy Act (BIPA)

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

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