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How to Join a BIPA Class Action Investigation

Feb 24, 2023
Shamis & Gentile, P.A.
BIPA violation class action lawsuit

There are a number of active BIPA class action lawsuits going on, and new ones keep popping up in the legal landscape. For most private individuals, this might all sound confusing, and even scary at times, especially if you have gotten note of being eligible for such a lawsuit.

So, if you have been notified that you can become part of a class action investigation involving the Biometric Information Privacy Act (BIPA), you may be wondering what your legal options are, as well as how to proceed.

In this article we have gathered some key information for you to know about, in order to make an educated decision about the upcoming process if you wish to join.

About the Biometric Information Privacy Act

BIPA is a state law in Illinois that regulates the collection, use, and storage of biometric information (such as fingerprints or facial scans). If a company is found to have violated BIPA, individuals who were affected may be able to seek damages through a class action lawsuit.

If you have been contacted already due to your personal information having been leaked or stored incorrectly, you might be wondering how to proceed. Below we will give a few examples of precautions you can take, as well as proactive measures.

Understand your rights under BIPA

BIPA gives individuals the right to know when their biometric information is being collected, how it is being used, and for how long it will be stored. It also requires companies to obtain written consent from individuals before collecting their biometric information.

If you have been notified this has happened to you, or if you believe that a company has violated your rights under BIPA, you may be able to join a class action lawsuit to seek damages, or start your own individual lawsuit.

Consider opting out of the class action

If approached with a request to join the class action, and you do not want to be a part of the class action lawsuit, you can freely choose to opt out. This means that you will not be able to participate in any settlement or recovery of damages, but you will also not be bound by any decisions made in the lawsuit. In this case you can opt out by completing and returning the opt-out form that you were provided.

Decide whether to participate in the class action

If you do want to be a part of the class action lawsuit, you do not need to do anything – you will automatically be included as a member of the class. Keep in mind that if the class action is successful, you may be entitled to a share of any damages recovered. However, if the class action is not successful, you will not be able to bring a separate lawsuit against the company.

Consider hiring an attorney

If you are considering participating in a class action lawsuit, you may want to consider hiring an attorney to represent you. An attorney can help you understand your legal options and the potential outcomes of the lawsuit. They can also handle the legal proceedings on your behalf, which can be helpful if you are not familiar with the legal process.

Be aware of deadlines

It is important to pay attention to any deadlines that are associated with the class action lawsuit. This may include deadlines for opting out or for submitting a claim for damages. Missing a deadline could impact your ability to participate in the lawsuit or recover damages.

Final thoughts

By understanding your legal options in a BIPA class action investigation, you can make an informed decision about whether to participate and how to protect your rights. This can be a stressful and uncertain decision to make alone, but it does not need to be that way.

If you wish to retain the services of legal professionals, we would like to offer our services. We can provide a safe environment and quality legal advice, in order to help you navigate this complex process with ease of mind. Contact us today in order to learn more!

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