The Illinois Biometric Information Privacy Act (BIPA) has generated a burgeoning area of class action litigation over the last several years. There are numerous interesting legal questions percolating through lower courts in these cases, one of which is whether a plaintiff must allege or demonstrate actual harm to have standing to pursue a claim under BIPA. Put another way, does the statute’s requirement that a person be “aggrieved” to have a private right of action create a requirement of separate, real-world harm? The Illinois Supreme Court has taken the opportunity to resolve this question in the negative; a statutory privacy loss is injury enough.

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