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Articles by Thomas Laser
Illinois Supreme Court Holds That BIPA Cause of Action Accrues Upon Each and Every BIPA Violation, Creating Potential for Massive Damages Awards | JD Supra
On February 17, 2023, the Illinois Supreme Court held that an entity violates the Illinois Biometric Information Privacy Act (“BIPA”) each and every time it fails to fully comply with BIPA’s strenuous collection and dissemination requirements. The Court’s holding, derived from the case of Cothron v. White Castle Systems, Inc., deals a severe blow to any entity that has utilized biometric technology without full BIPA compliance.
Illinois Supreme Court Sets Five-Year Statute of Limitations for Claims Under BIPA | JD Supra
On February 2, 2023, the Illinois Supreme Court weighed in and answered a question that had previously remained uncertain and hotly contested in recent years: how long is the statute of limitations for claims under the Illinois Biometric Information Privacy Act (“BIPA”)? According to the Supreme Court, the statute of limitations is five years.
CFSA v. CFPB Certiorari Arguments - Consumer Financial Services Association of America v. Consumer Financial Protection Bureau - Briefing on Petition for Writ of Certiorari | Saul Ewing LLP - JDSupra
February 15, 2023 To embed, copy and paste the code into your website or blog: On February 1, 2023, the parties completed briefing on the Consumer Financial Protection Bureau’s (“CFPB”) petition for writ of certiorari to the U.S. Supreme Court in the case of Consumer Financial Services Association of America, Limited, v. Consumer Financial Protection Bureau (“CFSA”).
CFPB v. Townstone Financial - Federal Court Limits Equal Credit Opportunity Act Claims to Lending “Applicants” Only | JD Supra
In Bureau of Consumer Financial Protection v. Townstone Financial, Inc., the Consumer Financial Protection Bureau (“CFPB”) brought suit against Townstone, a mortgage broker/lender, and its co-founder and chief executive, Barry Sturner (“Sturner”) for alleged violations of the Equal Credit Opportunity Act (“ECOA”).
5th Circuit Court of Appeals Declares Consumer Financial Protection Bureau’s Funding Structure Unconstitutional as Violative of Separation of Powers Doctrine and Appropriations Clause | Saul Ewing Arnstein & Lehr LLP - JDSupra
On October 19, 2022, the United States Court of Appeals for the 5th Circuit dealt a severe blow to the Consumer Financial Protection Bureau’s (“CFPB”) enforcement authority, finding the CFPB’s “self-funding” mechanism unconstitutional as it violates the Appropriations Clause of the U.S. Constitution.
Buy Now Pay Later: Consumer Financial Protection Bureau’s Efforts to Regulate The Emerging Alternative to Consumer Credit Cards | JD Supra
October 7, 2022 To embed, copy and paste the code into your website or blog: The Consumer Financial Protection Bureau (“CFPB”) is grappling with determining the most effective means of regulating the buy now pay later industry. BNPL allows a consumer to obtain a product or services immediately at the time of purchase and to make installment payments on the purchase over time.
Rogers v. BNSF Railway Company | JD Supra
On March 15, 2022, the U.S. District Court for the Northern District of Illinois held in the case of Rogers v. BNSF Railway Company, No. 19-C-3083, 2022 WL 787955 (N.D. Ill. Mar. 15, 2022) (slip copy) that the Federal Railway Safety Act (“FRSA”), the Interstate Commerce Commission Termination Act (“ICCTA”), and the Federal Aviation Administration Authorization Act (“FAAAA”) do not preempt a claim under the Illinois Biometric Information Privacy Act (“BIPA”).
McDonald v. Symphony Bronzeville | JD Supra
On February 3, 2022, the Illinois Supreme Court held in the case of McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, that the exclusivity provisions of the Illinois Workers’ Compensation Act (the “Compensation Act”) do not preempt a claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”).
Recent Illinois State and Federal Court Decisions Governing the Illinois Biometric Information Privacy Act | JD Supra
Since the Illinois Supreme Court held in Rosenbach v. Six Flags Entertainment Corp. in 2019 that a plaintiff need not show actual injury to bring an Illinois Biometric Information Privacy Act (“BIPA”) claim in state court, courts have seen a barrage of BIPA lawsuits alleging violations of the statute’s informed consent and notice provisions.
Ill. Force Majeure Ruling Could Be Problematic For Landlords
By Elizabeth Thompson, Jared Hawk and Thomas Laser Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.
Seventh Circuit Recognizes Validity of “Informational Injuries” to Provide Article III Standing for Illinois Biometric Information Privacy Act Claims | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Illinois Appellate Court Provides Guidance on Insurers’ Duty to Defend Biometric Information Lawsuit | JD Supra
On March 20, 2020, the Illinois Appellate Court for the First District issued its decision in the case of West Bend Mutual Insurance Company v. Krishna Schaumburg Tan, Inc., 2020 IL App (1st) 191834, 2020 WL 191834, a decision addressing an insurer’s obligation to defend its insured in connection with a lawsuit brought under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq. (“BIPA”).
Second Circuit Decision has Implications for Native American Sovereign Immunity and Predatory Lending Practices | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FTC Privacy and Data Security Report for 2018 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New York State Department of Financial Services Issues Guidance on Whistleblowing Programs | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Private Lawsuit May Move Forward Over Collection of Biometric Data | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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