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CPW’s David Oberly Discusses Biometric Privacy Compliance Strategies in Advance of Cothron BIPA Claim Accrual Ruling in Biometric Update


One of today’s most pressing topics in Illinois Biometric Information Privacy Act (“BIPA”) class action litigation is the Illinois Supreme Court’s much-anticipated opinion in Cothron v. White Castle Sys. (covered extensively by SPB team member Kristin Bryan in CPW articles here, here, here, and here, and discussed in SPB’s 2022 Q2 AI & Biometric Privacy Quarterly Review Newsletter here), which will definitively resolve the currently unsettled issue of claim accrual under Illinois’s well-known biometric privacy statute. Depending on how the Court answers the question of whether every discrete failure to comply with BIPA’s requirements amounts to a separate, independent violation of the law, the scope of liability exposure and damages in BIPA class litigation may soon increase even further for those companies that leverage the benefits of biometrics in their day-to-day-operations. CPW’s David Oberly examined the potential ramifications of the Cothron decision and what companies can do to minimize liability exposure in advance of the ruling in this Biometric Update Industry Insights article, Compliance Tips in Advance of Cothron Illinois Supreme Court BIPA Claim Accrual Ruling.


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