Blog Post

A Guide for Dealers in Navigating Recent Amendments to the Illinois Biometric Information Privacy Act (BIPA)

Sarah J. Reusché • January 23, 2025


On April 30, 2024, we published an article on "BIPA Compliance: A Guide for Vehicle Dealerships to Mitigate Litigation Risks". This article highlights recent amendments to BIPA and ways in which they will likely impact dealers.


Amendments to BIPA


SB 2929 became effective on August 2, 2024. Codified as 740 ILCS 14/10 and 14/20, this Act  introduced two pivotal changes to BIPA that dealers should be aware of:

  • Limiting Per-Scan Damages: The amendments clarify that a single violation under BIPA accrues per type of violation, rather than per scan. This significantly reduces the financial exposure for dealerships.
  • Electronic Consent: The amendments formalize electronic signatures as a valid means of securing biometric consent, streamlining compliance processes for businesses.


Implications for Compliance and Violations


These amendments represent a step toward mitigating BIPA’s financial impact on all businesses and especially dealerships that use extensive database technology when interfacing with customers.


By capping damages for violations, the amended BIPA weakens the financial incentive for plaintiffs and class-action suits predicated on accumulating per-scan penalties. This may lead to a reduction in litigation and provide dealers with greater leverage in settlement negotiations.


However, the amendments do not specify retroactivity. This leaves Illinois courts to decide whether these changes apply to claims that existed prior to August 2, 2024. If deemed retroactive, the amendments could substantially reduce liability for pending lawsuits. If not, their impact will be delayed until existing claims fall outside the statute of limitations.


Despite these changes, dealers still face significant risks, particularly in cases involving large datasets or systemic non-compliance. BIPA’s private right of action remains intact, and dealers must adhere to stringent compliance requirements to avoid costly litigation.


Final Thoughts


The passage of amendments to BIPA mark an important acknowledgment by the Illinois legislature of the expansive liability risks companies faced under the original BIPA. While the amendments limit potential damages and simplify consent procedures, dealers must remain vigilant in their compliance efforts. The private right of action and stringent procedural requirements still pose considerable challenges.



If you have questions about BIPA compliance or need guidance on navigating potential violations, contact Sarah Reusché at sreusche@lavellelaw.com to schedule a consultation.


More News & Resources

Lavelle Law News and Events

Success Story – Small Business Owner Recovers Substantial Amount Levied by the State
By Tax Law March 5, 2025
Lavelle Law represented a small Illinois business owner who had accumulated a large sales tax balance due to their accountant’s negligence. Unbeknownst to the client Illinois Department of Revenue (“IDOR”) was at the levy issuance phase in its collection. And the IDOR levied the taxpayer’s account right after the taxpayer had deposited funds from a HELOC that was obtained to provide capital to the company for the next 6 plus months.
New statutory provisions on potential income included in new Illinois child support law.
By Joseph A. Olszowka February 27, 2025
The Illinois legislature has recently taken a significant step in closing a longstanding loophole in child support. This amendment represents a pivotal change in how courts assess and calculate child support obligations, providing greater protections against those who attempt to evade their financial responsibilities.
LATEST UPDATE on the Corporate Transparency Act and New Deadline for Filing BOIR
By Frank J. Portera February 20, 2025
This article will serve as another update to the ongoing Corporate Transparency Act developments. As of February 17, 2025, a federal judge in the Eastern District of Texas lifted the injunction it had ordered on January 7, 2025, in Smith v. U.S. Department of the Treasury, 6:24-cv-00336 (E.D. Tex.), allowing the federal government to once again enforce the Corporate Transparency Act and its Beneficial Ownership Information Report requirements.
A Step-by-Step Guide to Bringing a Lawsuit in Illinois
By Sarah J. Reusché February 14, 2025
This article is the second in our Litigation 101 series. It focuses on the flip side: how to sue someone else. Suing someone is a serious decision that requires careful thought and preparation. Before pursuing legal action, it’s crucial to reflect on the issue and understand the steps involved in bringing a lawsuit. This article outlines the basics to help you approach the process with confidence and make informed decisions.
Updates Regarding the Corporate Transparency Act Hold: Key Implications for Businesses
By Frank J. Portera February 13, 2025
On December 11, 2024, we published an article titled “Corporate Transparency Act on Hold: Key Implications for Businesses,” which addressed the nationwide injunction impacting the enforcement of the Corporate Transparency Act and its Beneficial Ownership Information Reporting rule. Since then, there have been a few significant legal developments that businesses should monitor closely. While the Financial Crimes Enforcement Network is currently prohibited from enforcing BOIR requirements, ongoing litigation, and the related appeals may alter this status. Below, we provide a timeline of key events and insights into what business owners should anticipate moving forward.
Understand the new Illinois employment laws taking effect in 2025.
By Lance C. Ziebell and Kelly A. Anderson February 12, 2025
Watch this video to understand the new Illinois employment laws taking effect in 2025 and learn how to protect your business. This video was recorded on January 29, during a Lavelle Law Breakfast Briefs presentation with attorneys, Lance Ziebell and Kelly Anderson.
IRS Special Payments Sent to 1 Million Taxpayers Who Did Not Claim 2021 Recovery Rebate Credit
By Timothy M. Hughes February 10, 2025
The Internal Revenue Service is issuing automatic payments to eligible people who did not claim a Recovery Rebate Credit on their 2021 tax returns. The payments are in follow up to an IRS announcement last month of the intent to take this special step. The IRS took this step after reviewing internal data showing many eligible taxpayers who filed a return but did not claim the credit. The Recovery Rebate Credit is a refundable credit for individuals who did not receive one or more Economic Impact Payments (“EIP”), also known as stimulus payments.
SCOTUS Resolves Circuit Split on FLSA Exemption Standard
By Steven A. Migala February 5, 2025
The Fair Labor Standards Act (FLSA) establishes federal minimum wage and overtime pay requirements, with exemptions for employees in bona fide executive, administrative, professional, computer or outside sales roles. 29 U.S.C. § 213. Employees classified as "outside sales" must primarily engage in making sales or obtaining contracts for services or the use of facilities, and they must conduct their work primarily away from their employer’s place of business. 29 C.F.R. § 541.500.
Learn about election law, the process of running for office in Illinois local elections, and how to
By John J. Lydon January 22, 2025
Attorney Jack Lydon delivers an insightful breakdown of election law, covering everything from getting on the ballot to staying on it, along with the necessary timing and procedural steps. If you're considering running for local office in Illinois, this video is a must-watch. Begin the process early and make sure to follow the right procedures every step of the way.
IRS National Taxpayer Advocate Releases Annual Report to Congress. And in an Unrelated Matter DOJ Ta
By Timothy M. Hughes January 10, 2025
The National Taxpayer Advocate recently released her annual report to Congress. A few highlights from the report are summarized in this article.
More Posts
Share by: