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Illinois · 740 ILCS 14/20

BIPA

Right of action

(a) Any person aggrieved1 by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. A prevailing party may recover for each violation2:

(1) against a private entity that negligently violates a provision of this Act, liquidated damages of $1,000 or actual damages, whichever is greater;

(2) against a private entity that intentionally or recklessly violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is greater;

1

Case note · Rosenbach

An invasion of BIPA’s notice-and-consent rights can make a person “aggrieved” without a separate injury.

2

Reading note

Read the damages amounts in section 20(a) together with sections 20(b) and 20(c). The 2024 amendment limits recovery for the repeated collections and disclosures specified there; it does not remove section 15’s duties. The disclosure rule also requires the same recipient.

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