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U.S. District Court Holds That BIPA's Liquidated Damages Are Discretionary

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The U.S. District Court for the Northern District of Illinois, Eastern Division, issued an order on June 30, 2023, that may substantially alter the risk exposure for entities sued for violations of the Illinois Biometric Information Privacy Act ("BIPA"), currently the most stringent of the state biometric privacy laws and the only one with a private right of action. The Court held that statutory damages under BIPA are discretionary rather than fixed in amount for each violation......
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