Brian Weinthal | Source | Partner at Burke, Warren, MacKay & Serritella

BIPA initially passed in 2008 but remained relatively benign for more than a decade until a state Supreme Co. urt ruling shifted the notion of harm and loss under the act. The Illinois State Supreme Court said the taking of the information without complying is the damage, and immediately there were dozens of new class action claiming injury by people because their biometric information was collected without the necessary approvals. Under the statute, you can allege a violation when a biometric has been taken.