Last year was busy for Biometric Information Privacy Act (BIPA) litigants. Defendants in 2020’s flood of BIPA cases ranged from technology companies developing novel biometric products to amusement parks and healthcare organizations leveraging biometric tools for employee and customer authentication. Even small businesses, such as bakeries and restaurants, found themselves in the crosshairs of BIPA cases. Yet entering the third year after BIPA’s 2018 passage, despite the healthy clip of litigation, open questions remain about the law’s scope and reach. These questions—involving standing, settlement value, and more—were hotly contested in 2020, with no signs of letting up this year.
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