Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Alerts
    4. BIPA Reform Bill addressing One-Time Claim Accrual and Electronic Signature passes Illinois Legislature

      Alerts

    Alert / Cybersecurity & Privacy

    BIPA Reform Bill addressing One-Time Claim Accrual and Electronic Signature passes Illinois Legislature

    May 20, 2024

    LinkedInX (Twitter)EmailCopy URL

    By Katherine Letcher and John Ruskusky

    Following its expected signature by Governor Pritzker, Senate Bill 2979 amends the Illinois Biometric Information Privacy Act (BIPA) and limits statutory damages.

    What’s the impact?

    • The BIPA Reform Bill defines “electronic signature” as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
    • The Court’s majority encouraged the Illinois Legislature to “review these policy concerns and make clear its intent regarding the assessment of damages under the Act.”

    DOWNLOAD

    PDF: BIPA Reform Bill passes Illinois Legislature

    On May 16, 2024, Illinois State Legislature passed Senate Bill 2979 (the Bill), which 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 [of sections 15(b) and 15(d) of BIPA] for which the aggrieved person is entitled to, at most, one recovery . . ..”[1]  

    The Bill addresses the Illinois Supreme Court’s decision on BIPA claim accrual in Cothron v. White Castle. In that decision, the court ruled a separate BIPA claim may arise each time a private entity collects or discloses an individual’s biometric identifier or information. The court’s majority encouraged the Illinois Legislature to “review these policy concerns and make clear its intent regarding the assessment of damages under the Act.” 

    If the Bill is signed into law, it could provide relief to business owners and private entities faced with statutory damages of $1,000 or $5,000 for each time a plaintiff alleges his or her biometric information or identifier was collected.

    The Bill also confirms that a “Written Release” under BIPA includes an electronic signature, which is defined to include “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.”

    For more information on the content of this alert, please contact your Nixon Peabody attorney or the authors of this alert.


      [1] https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2979&GAID=17&DocTypeID=SB&LegId=152094&SessionID=112&GA=103

    Locations

    Chicago

    Practices

    Cybersecurity & PrivacyBiometric Information Privacy Act (BIPA)

    Insights And Happenings

    • Alert

      Two courts find that BIPA Reform Bill applies to previously filed cases

      Nov 15, 2024
    • Alert

      FTC amends and broadens Health Breach Notification Rule

      May 22, 2024
    • Alert

      Maryland enacts comprehensive data privacy act

      May 21, 2024
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved