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Seventh Circuit Court of Appeals Retroactively Enforces BIPA Damages Amendments

ABSTRACT: Beginning in 2019, Illinois state and federal courts have issued a string of pro-plaintiff rulings in biometric privacy litigation. In 2024, the Illinois legislature amended the Biometric Information Privacy Act in an effort to curb the potentially destructive damages available to plaintiffs under the Act. A new question emerged. Do the amendments apply retroactively?  Recently, the Seventh Circuit Court of Appeals determined that the amendments do apply to lawsuits filed before the effective date of the amendments.

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