Sarah E. Flohr
sflohr@smsm.com
Showing 2 posts by Sarah E. Flohr.
CYBER RISK CLIENT ALERT: The Constitutional Argument Against BIPA
There has been no shortage of litigation since the passage of the Illinois Biometric Information Policy Act, commonly known as BIPA, especially since the Illinois Supreme Court’s recent decision in Rosenbach v Six Flags Entm’t Corp., 2019 WL 323902 (Ill 2019) that an individual does not need to allege actual damages to have standing. We have already circulated two articles discussing the [Southwest] and [Hotel Management] lawsuits. In response, defendants have been swift and creative in their defense. Most recently, a major grocery chain argued before an Illinois state court judge the unconstitutionality of BIPA. More »
Another BIPA Violation Alleged in Illinois
As a follow-up to our blog post discussing the status of the Southwest litigation currently underway in the Seventh Circuit, another complaint alleging a violation of the Biometric Information Privacy Act (“BIPA”) was filed by a hotel employee in Cook County, Illinois. Donal Lydon v. Fillmore Hospitality, et al., Case No. 2019-CH-05679 (Circuit Court of Cook County, Illinois). Like the allegations against Southwest Airlines, the plaintiff in Lydon, alleges Fillmore Hospitality LLC, which manages hotels in several states, including Illinois, violated BIPA by collecting and then sharing its employees’ fingerprints for timekeeping purposes. The plaintiff filed his action as a class action, seeking to represent any individual in Illinois who has scanned their fingerprints for Fillmore’s biometric time clock. More »
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