BIPA Cases: 7th Circuit Rules Change to Illinois Law’s Damages Provision Retroactively Limits Defendant Exposure
By Jody Kahn Mason & Jason A. Selvey
Labor and Employment Law,
May 2026
On April 1, 2026, the Seventh Circuit held that the 2024 amendment to BIPA’s damages provision applies retroactively, eliminating the possibility of “per-scan” statutory damages for cases pending at the time of enactment. The decision significantly limits defendants’ potential exposure in pending BIPA cases, as well as limits plaintiffs' recovery, and may require courts to reassess federal subject-matter jurisdiction.
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