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How to Join a BIPA Class Action Investigation

Jan 19, 2023
Shamis & Gentile, P.A.
BIPA violation class action lawsuit

In recent years there has been an increased focus on investigations and lawsuits pertaining to the Biometric Information Privacy Act (BIPA). If you have been notified that you are eligible to join a class action investigation involving the BIPA, you may be wondering what steps you need to take to participate.

In this article we have gathered a list of the most important things you need to know, in order to make the correct decision going forward. Enjoy!

About BIPA

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.

There are a few different reasons why one might be able to join a class action investigation. For instance, if a company collected an individual’s biometric information without obtaining written consent, if a company collected the information without providing notice,  if a company did not adequately safeguard the information, or if a company used an individual’s biometric information for a purpose other than the one for which it was collected. In these cases the individual in question may be able to join a class action lawsuit to seek damages.

How to join a BIPA class action investigation

For most of these sections we will assume that you as an individual have been notified or prompted to join a class action investigation under the Biometric Information Privacy Act, or at least have been in contact with a legal professional in order to discuss your options.

Find a professional lawyer

If you have not received any notifications, you might still be eligible if you feel there is a case to be made on your behalf. While many people are being notified automatically, in some cases it can be up to the individual to make the first step.

If you are considering participating in a class action lawsuit, you should 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.

Review the notice

If you have been notified that you are eligible to join a BIPA class action investigation, the first step is to review the notice carefully. The notice should provide information about the class action, including the nature of the lawsuit, the parties involved, and the allegations against the company. It should also explain your rights as a member of the class.

Decide whether to opt out

You have the possibility of opting out, in case you do not want to be a part of the class action lawsuit. 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. You can opt out by completing and returning the opt-out form that you were provided.

Take no action

If you want to be a part of the class action lawsuit, you do not need to take any action – 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.

Final thoughts

The above sections describe the various avenues you can pursue, in order to join a BIPA class action investigation and potentially recover damages if the class action is successful. If you do not wish to miss out on your chance to join a BIPA class action investigation, you can also consider getting help from professionals

Contact our law firm today and let us help you navigate the process of joining a class action lawsuit. We have the experience and knowledge to help you assert your rights and get the compensation you deserve. Schedule a consultation now and let us guide you through the process of joining the BIPA class action investigation.

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