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Publications
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11.01.2022Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on ExtraterritorialityUpdatesAfter more than two years of litigation, Amazon and Microsoft won summary judgment in two class action lawsuits asserting violations of the Illinois Biometric Information Privacy Act (BIPA): Vance v. Amazon.com, Inc., Case No. C20-1084JLR and Vance v. Microsoft Corp., Case No. C20-1082JLR.
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10.18.2022$228M Verdict in First Illinois Biometric Information Privacy Act TrialUpdatesAfter a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act ended with a bang. The jury found that the defendant recklessly or intentionally violated BIPA 45,600 times resulting in a $228 million judgment.
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04.05.2021Supreme Court Narrows TCPA’s Definition of “Autodialer”UpdatesIn Facebook, Inc. v. Duguid et al., the U.S. Supreme Court provided some clarity that stakeholders have been awaiting since 2015 by adopting a narrower interpretation of the term “autodialer” for purposes of the Telecommunications Consumer Protection Act (TCPA). The Court reversed an expansive interpretation of “autodialer” adopted by the U.S. Court of Appeals for the Ninth Circuit that the Court noted would have prohibited many commonplace uses of cell phones by consumers. The Court found that for a dialing system to constitute an autodialer, it must have the capacity to either store or produce a telephone number using a random or sequential number generator. This narrower interpretation comes as a relief to a broad range of businesses and nonprofit organizations, among others, that believed the Ninth Circuit’s broad interpretation unfairly ensnared legitimate communications practices that did not harm consumers.
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08.13.2019Biometrics and the Law: How the CCPA Fits Into the Bigger Picture and Best Practices to Reduce Litigation RiskArticlesStates across the country are enacting or proposing legislation to regulate the collection, storage, use and disclosure of biometric data.
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04.12.2019New TCPA Ruling Holds an Autodialer Must Have the Capacity to Generate Numbers Randomly or SequentiallyBlogsIn the wake of the D.C. Circuit’s opinion vacating the Federal Communications Commission’s order interpreting the Telephone Consumer Protection Act (TCPA), federal courts have disagreed on how to define an “automated telephone dialing system” (autodialer) under the statute.
Presentations
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10.05.2023Biometrics and Related Legal IssuesSpeaking EngagementsVideo Game Bar Association Summit Northwest / Seattle, WA
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07.15.2019Biometrics and the Law: How the CCPA Fits Into the Bigger PictureWebinarsPerkins Coie’s CCPA Week
Collecting, using, or storing biometric data presents a host of litigation risks. This webinar will provide an overview of the status of biometrics laws in the U.S., the protections that the CCPA provides to California residents and insight into best practices to reduce litigation risk.
Blog
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Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on Extraterritoriality
Amazon and Microsoft won summary judgment in two class action lawsuits filed in federal court in the U.S. District Court for the Western District of Washington asserting violations of the Illinois Biometric Information Privacy Act. While the facts of the cases are unique—the defendants received a data set that was developed by a third party... -
In the wake of the D.C. Circuit’s opinion vacating the Federal Communications Commission’s order interpreting the Telephone Consumer Protection Act (TCPA), federal courts have disagreed on how to define an “automated telephone dialing system” (“autodialer”) under the statute. Judge Edmond E. Chang of the U.S. District Court for the Northern District of Illinois recently stepped...
