Illinois Biometric Information Privacy Act (BIPA) (1)

Topics and Issues

Article III (2)

Class action (3)

Standing (2)

In August 2019, CDIA filed an amicus brief to the U.S. Supreme Court in Patel v. Facebook.  The Court denied Facebook’s petition that sought to answer three questions: (1) Whether a court can find Article III standing based on its conclusion that a statute protects a concrete interest, without determining that the plaintiff suffered a personal, real-world injury from the alleged statutory violation; (2) whether a court can find Article III standing based on a risk that a plaintiff’s personal information could be misused in the future, without concluding that the possibility of misuse is imminent; and (3) whether a court can certify a class without deciding a question of law that is relevant to determining whether common issues predominate under Rule 23.