The U.S. Court of Appeals for the Seventh Circuit clarified the federal standing requirements for claims brought pursuant to the Biometric Information Privacy Act (BIPA), providing a road map for plaintiffs who wish to steer clear of federal court. Given this guidance, a plaintiff should be able to keep certain BIPA claims in state court by restricting the complaint to bare statutory violations.
The latest Seventh Circuit opinion is the third in a series of standing cases issued since May 2020 that, taken together, provide guidance for where there is federal standing, and where there is not. These opinions also ...