The Seventh Circuit ruled last week in Bryant v. Compass Group USA, Inc., that alleging a defendant failed to comply with prior notice and consent requirements under Section 15(b) of the Illinois Biometric Information Privacy Act (BIPA) is sufficient to confer Article III standing, even without any further alleged harm. Illinois is one of few states that has enacted a statute to protect biometric information privacy and is the only state that provides a private right of action for individuals. Although standing to bring BIPA claims was solidified in Illinois state courts following Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186, federal district courts in the Seventh Circuit routinely found that alleging mere statutory violations under BIPA was insufficient to confer Article III standing. The May 5 ruling came as a surprise, with the Seventh Circuit finding a plaintiff alleging a mere violation of Section 15 (b) has Article III standing without alleging any further injury.

 

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Post By Ken Shafton (486 Posts)