Biometric Privacy (BIPA) Settlements Explained

BIPA settlements resolve lawsuits under the Illinois Biometric Information Privacy Act, a 2008 state law that requires companies to get written consent before collecting biometric data such as fingerprints, face geometry or voiceprints. If a company scanned your finger at a time clock or analyzed your face in an app while you were in Illinois, without the required notice and consent, you may be part of a BIPA settlement class.

What BIPA requires

BIPA covers "biometric identifiers", which include retina or iris scans, fingerprints, voiceprints and scans of hand or face geometry. Private companies that collect them generally must:

• ✓Tell you in writing that your biometric data is being collected, why, and for how long it will be kept.
• ✓Get your written release before collecting it.
• ✓Publish a policy for retaining and destroying the data.
• ✓Not sell or profit from it, and not disclose it without consent except in limited cases.

What makes BIPA unusual is that it gives individuals a private right to sue, with set damages per violation: $1,000 for a negligent violation and $5,000 for an intentional or reckless one, or actual damages if those are greater. You do not have to show that your data was stolen or misused. Failing to follow the consent rules can be enough. A 2024 amendment limited how violations add up, so repeated scans of the same person in the same way are generally treated as one violation.

Where BIPA claims come from

• ✓Workplace time clocks that use a fingerprint or hand scan to clock in and out. This is the most common source of claims.
• ✓Apps and websites with face filters, photo tagging or virtual try-on features that map your face.
• ✓Identity verification that compares a selfie with an ID photo.
• ✓Voice systems that create a voiceprint to identify callers.

Settlements often name both the employer and the company that made the scanning technology, since both may have handled the data.

Who qualifies

The class definition in each settlement controls. It usually covers people whose biometric data was collected by a named company in Illinois during a specific period. You generally do not need to be an Illinois resident today. What matters is that the collection happened in Illinois. Employees who have since moved can often still claim, which is covered in claiming after moving states.

How much BIPA settlements pay

Because of the statutory damages, workplace BIPA settlements with a known, limited class can pay noticeably more per person than a typical consumer case. Large consumer settlements involving popular apps can have millions of class members, so the per-person amount is often much smaller. As always, the amount depends on the fund, the number of valid claims and the plan of allocation.

What about other states?

Texas and Washington also have biometric privacy laws, but they do not give individuals the same private right to sue, so they produce few class actions. Some cities and other states have their own rules. Biometric issues also show up in broader privacy settlements under general consumer protection laws.

How to file a BIPA claim

1. 1Read the class definition and check the dates and location.
2. 2Find your claim ID if you received a notice. Workplace cases often have employee lists, so you may already be identified.
3. 3File on the official settlement website before the deadline, and keep your confirmation.
4. 4Keep your address current with the administrator so the payment reaches you.

Signs you might be in a BIPA class

• ✓You clocked in with a finger, hand or face scan at an Illinois job.
• ✓You used a selfie-based identity check for a bank, app or exam while in Illinois.
• ✓You used an app feature that mapped your face, such as a filter or virtual try-on, while in Illinois.
• ✓You never signed a form explaining how your biometric data would be stored and destroyed.

If you have worked anywhere in Illinois that used a fingerprint time clock, or used a face-scanning app there, add those employers and brands to SettleScout. It will flag matching biometric settlements and remind you before the claim deadline.