Today, the Illinois Supreme Court issued a long-awaited and highly-anticipated decision in Tims v. Black Horse Carriers, Inc., which is sure to have a long-term ripple effect on litigation under the Illinois Biometric Information Privacy Act (“BIPA”) going forward. With no dissenting opinion, the Supreme Court reversed the Illinois First District Appellate Court’s decision applying two separate statutes of limitation depending on the section under which a plaintiff’s BIPA claim is brought. The Supreme Court held instead that the five-year catchall statute of limitations period contained in the Illinois Code of Civil Procedure applies to all BIPA claims. Specifically, the Supreme Court held that two separate statutes of limitation go against Illinois public policy and could cause an “unclear, inconvenient, inconsistent, and potentially unworkable regime” for BIPA litigation.

Continue Reading Bad News for BIPA Defendants: Illinois Supreme Court Holds That Five-Year Statute of Limitations Applies to All BIPA Claims

The Genesis of Three Competing Federal Bills

In 2018, there were numerous congressional and industry proposals aimed at addressing privacy on the federal level. Although none ever crystalized as federal law, the sheer number of lawmakers introducing proposals and getting involved in the debate made clear that privacy would be a focus in 2019. As 2019 began, there was hope that the various state privacy statutes being enacted and debated were putting even more pressure on the federal government to enact bipartisan federal privacy legislation. The California Consumer Privacy Act’s (CCPA) January 1, 2020 go-live date also seemed to be increasing pressure on Congress to act. Nowhere was the combination of hope and pressure more pronounced than in the Senate Committee on Commerce, Science, and Transportation. Throughout 2019, bipartisan discussions on federal privacy legislation seemed to be progressing. Those talks ultimately broke down towards the end of 2019 and resulted in three separate, rival legislative proposals: COPRA, CDPA, and CDPSA.
Continue Reading Federal Privacy Legislation: Where Are We and Where Are We Going?

The Federal Trade Commission (FTC) has released its annual Privacy and Data Security Update, which highlights the FTC’s activities during the past year. The FTC, the U.S. agency tasked with a unique dual mission to protect consumers and promote competition, detailed its record year for enforcement actions aimed at protecting consumer privacy and data security.

The FTC’s primary enforcement authority comes from Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive practices in the marketplace. The FTC also has authority to enforce a variety of industry-specific laws, including the Gramm-Leach-Bliley Act, the Truth in Lending Act, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Children’s Online Privacy Protection Act (COPPA), the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Telemarketing and Consumer Fraud and Abuse Prevention Act. The FTC has used its authority to address a wide range of practices affecting consumers, including those that come with the development of new technologies and business models.
Continue Reading FTC Releases Annual Privacy and Data Security Update

Chicago based  attorneys Cinthia Granados Motley and Ashley Jackson were published on Law360 February 7, 2017. The article, “10 Ways To Avoid Wrongful Collection Of Data Claims,” discusses tips by using the who, what, where, when and why of consumers to help answer the most asked questions.