One and Done: Seventh Circuit Holds BIPA Amendments Apply Retroactively to Preclude Per-Scan Damages - JD Supra
Seventh Circuit ruling retroactively applies BIPA amendments, eliminating per-scan damages for businesses under the law.
Aforeworn detected this change in the US State Data-Privacy Laws space on August 9, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Businesses subject to the Illinois Biometric Information Privacy Act (BIPA). should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediate action recommended to align with the ruling.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors US State Data-Privacy Laws continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The ruling prevents claims for per-scan damages retroactively, impacting potential liabilities for past violations.
Who it affects
Businesses subject to the Illinois Biometric Information Privacy Act (BIPA).
What you must do
Review current biometric data practices and adjust compliance strategies accordingly.
Deadline
Immediate action recommended to align with the ruling.
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