BIPA Litigation Dynamics Following Seventh Circuit Clay Decision

A new Seventh Circuit decision sharply limits potential Illinois Biometric Information Privacy Act damages exposure. In reaching its holding, the court applied a 2024 amendment that eliminates damages for separate violations retroactively, altering the risk calculus for both plaintiffs and defendants. This article, with insights from defense and plaintiffs’ counsel at Blank Rome, Cozen O’Connor, Edelson PC and Lewis Brisbois, analyzes the Clay v. Union Pacific Railroad Company ruling and discusses how it is likely to influence litigation strategy, forum selection and settlement dynamics. See “Texas AG’s Billion-Dollar Settlement With Google Highlights Biometric Data Use Compliance Considerations” (May 21, 2025).

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