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3 Takeaways From The First BIPA Verdict

Law360
October 13, 2022

A Chicago federal jury’s finding that BNSF Railway violated Illinois’ landmark Biometric Information Privacy Act in the first such case to go to trial underscores the urgency for employers and companies to comply with the statute, and will likely lead to appellate battles over a company’s liability for third-party vendors.

On Wednesday, jurors handed a win to a class of more than 44,000 truck drivers and served up $228 million in damages when they found in favor of lead Plaintiff Richard Rogers. Rogers claimed BNSF unlawfully scanned his and other drivers’ fingerprints for identity verification purposes without written informed permission or notice while he visited BNSF rail yards to pick up and drop off loads, in violation of BIPA.

Read more about BIPA and these cases in Illinois from Law360.

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