Illinois Cap on Biometric Damages Is Retroactive, Judge Says (1)

Recent changes to Illinois’ Biometric Information Privacy Act aimed at limiting damages awards apply to lawsuits that were filed before the amendments were enacted, a federal judge ruled.

Judge Elaine E. Bucklo of the US District Court for the Northern District of Illinois on Wednesday tossed out a BIPA lawsuit against Michigan-based trucking company Central Transport LLC after finding that the maximum amount of damages available to plaintiff John Gregg under the new provisions didn’t meet the threshold for federal diversity jurisdiction.

The ruling is the first from a federal court to hold that the BIPA amendments enacted in August ...