The amendment, approved by the Illinois Legislature in May and signed by Gov. J.B. Pritzker on August 2, provides "that a private entity that more than once collects or discloses a person's biometric identifier or biometric information from the same person in violation of the Act has committed a single violation for which the aggrieved person is entitled to, at most, one recovery."
The change to the privacy law "will significantly reduce the potential damages and lower the settlement value of BIPA claims. The amendment also provides that an e-signature satisfies the written requirements for the release," Squire Patton Boggs lawyer Alan Friel wrote in National Law Review yesterday.
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