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

Don’t record a conversation without knowing the law in Illinois!
By Nataly Kaiser July 29, 2025
Do you know it’s a felony in Illinois if you record a conversation without consent? The Illinois Eavesdropping Statute prohibits the secret recording of private conversations without the consent of all parties involved. Protect yourself – Get consent before you hit record! Nataly Kaiser explains.
Now through 10-1-25, Lavelle Law is offering a special discounted rate on powers of attorney for col
By Jackie R. Luthringshausen July 24, 2025
Summer Special! - Now through 10-1-25, Lavelle Law is offering a special discounted rate on powers of attorney for college-bound students and young adults. Don't send your child to college without POA docs in place! Contact Attorney Luthringshausen to start the process. jluthringshausen@lavellelaw.com or 847-705-7555
A summary of The One Big Beautiful Bill Act (OBBBA) and its tax implications.
By Steven A. Migala July 22, 2025
The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, as Pub. L. No. 119-21, permanently extends and modifies key provisions from the 2017 Tax Cuts and Jobs Act (TCJA) while introducing new tax benefits and limitations. The law affects individuals, seniors, children, businesses, and charitable organizations.
An in-depth discussion of the One Big Beautiful Bill Act and its tax implications.
By Steven A. Migala and guest Ed Brooks July 21, 2025
Lavelle Law Shareholder Steven Migala and DHJJ Financial Principal Ed Brooks join host Jim Mitchell for an in-depth look at the new U.S. tax legislation, the One Big Beautiful Bill Act, and discuss how it will impact both businesses and individuals.
An in-depth discussion of the One Big Beautiful Bill Act and its tax implications.
By Steven A. Migala and guest Ed Brooks July 21, 2025
Lavelle Law Shareholder Steven Migala and DHJJ Financial Principal Ed Brooks join host Jim Mitchell for an in-depth look at the new U.S. tax legislation, the One Big Beautiful Bill Act, and discuss how it will impact both businesses and individuals.
What is a fee-shifting provision?
By Sarah J. Reusché July 15, 2025
In the United States, the "American Rule" generally requires each party in a legal dispute to cover their own attorney's fees, regardless of the case's outcome. However, exceptions exist where a judge may order one party to pay the other's attorney’s fees in specific circumstances. Sarah Reusché explains.
The reconciliation process and the financial relationship between landlords and tenants.
By Theodore M. McGinn July 14, 2025
In commercial leases, particularly those involving retail or office spaces, tenants typically pay not only base rent but also a share of additional operating expenses. These include Common Area Maintenance (CAM) charges, property taxes, and insurance premiums. The reconciliation of these expenses is a key process.
Delaware Supreme Court’s Analysis of Indemnification Notices in Merger and Escrow Agreements
By Steven A. Migala July 11, 2025
Attorneys drafting or reviewing indemnification clauses and notice provisions in a sale or acquisition governed by Delaware law should be aware of the recent Delaware Supreme Court decision in Thompson Street Capital Partners IV L.P. v. Sonova U.S. Hearing Instruments, LLC.
Update on Illinois Tax Changes
By Timothy M. Hughes July 10, 2025
Beginning July 1, Illinois residents will face a series of tax increases related to the Fiscal Year 2026 budget, which takes effect from July 1, 2025, to June 30, 2026. These increases are from the $55+B state budget that is supposed to generate $700+M of new taxes ranging from gasoline, short-term rentals, and more.
Contaminated Cilantro and the Need to Provide Notice to a Seller of a Breach of the Implied Warranty
By Steven A. Migala June 30, 2025
Restaurant patrons allegedly became ill from eating contaminated cilantro and filed personal injury lawsuits against two Chicago restaurants. As part of the litigation, the distributor who sold the cilantro to the restaurants, Martin Produce, Inc., filed a third-party complaint for contribution against the wholesalers.
More Posts