On July 30, 2025, U.S. District Judge Sara Ellis of the Northern District of Illinois ruled that Anker Innovations, a security camera and doorbell manufacturer, must face a class action lawsuit alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The plaintiffs claimed Anker collected their biometric data, such as facial geometry scans, without consent at their Illinois residences where the cameras were installed. Anker argued for dismissal, asserting the alleged violations did not primarily occur in Illinois, but Judge Ellis found the plaintiffs’ allegations sufficient to establish jurisdiction, as the unauthorized access to biometric identifiers happened at their homes.
BIPA, enacted in 2008, requires companies to obtain explicit consent before collecting or storing biometric data, like fingerprints or facial scans, and grants a private right of action with potential damages of $1,000 per negligent violation or $5,000 per intentional or reckless violation. The ruling aligns with Illinois’ strict biometric privacy framework, which has seen a 65% surge in lawsuits following a 2023 Illinois Supreme Court decision (Cothron v. White Castle) allowing claims for each biometric scan. This case underscores the growing legal risks for companies using biometric technology, especially in Illinois, where nearly 2,000 BIPA lawsuits have been filed since 2017, including high-profile settlements like Meta’s $650 million in 2020.
Choosing Legal Representation for This Case:
To select the right attorney for a BIPA case like this, consider:
- Specialization: Seek attorneys with proven BIPA experience, as the law’s technical requirements and evolving case law (e.g., Tims v. Black Horse Carriers, establishing a five-year statute of limitations) demand expertise. Firms like Seyfarth Shaw or ArentFox Schiff, active in BIPA litigation, are examples.
- Class Action Experience: BIPA suits often involve class actions, requiring lawyers skilled in managing large plaintiff groups and complex discovery, as seen in the Anker case.
- Local Knowledge: Illinois-based attorneys familiar with Northern District judges, like Sara Ellis, and state precedents (e.g., Rosenbach v. Six Flags, requiring no actual injury for standing) can strategize effectively.
- Resources: Firms with AI-driven analytics or robust teams can handle BIPA’s data-intensive discovery, especially with deadlines like the April 2025 fact discovery cutoff in related MDLs.
- Fee Structure: Many BIPA attorneys work on contingency, taking 25–40% of settlements, ideal for plaintiffs facing high legal costs. Clarify fees upfront, as settlements can range from $1.5 million (L.A. Tan, 2016) to $650 million (Meta, 2020).
Consult multiple attorneys, check their BIPA case outcomes via court dockets or news (e.g., Bloomberg Law), and ensure they communicate clearly about potential damages, which could be limited by recent BIPA amendments capping per-person violations. If you provide more details about your role (plaintiff, defendant, or observer), I can refine this advice or suggest next steps.