Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (BIPA) stands out among state biometrics statutes nationwide in that it includes a private right of action for anyone “aggrieved” by a private entity’s failure to comply with BIPA’s compliance requirements. The Illinois Supreme Court recently ruled that a plaintiff may assert that they are
actual harm
No Harm, Big Foul: With Spokeo, Ninth Circuit Finds Willful FCRA Violation Is Sufficient for Suit, With or Without Actual Injury
On February 4, the Ninth Circuit ruled that a plaintiff need not show actual harm to have standing to sue under the Fair Credit Reporting Act (FCRA); a violation of the statutory right is a sufficient injury in fact to confer standing. The case, Robins v. Spokeo, Inc., may open the door for plaintiffs to…