Bill Text: IL SB3776 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Biometric Information Privacy Act. Provides that a prevailing party may only recover liquidated damages of $1,000 or actual damages, whichever is greater, for negligent violation of the Act against a private entity offending party that is not a current or former employer of the prevailing party. Provides that a prevailing party may only recover actual damages against a private entity offending party that is the current or former employer of the prevailing party and that negligently violates the Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3776 Detail]

Download: Illinois-2019-SB3776-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3776 Introduced 2/14/2020, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
740 ILCS 14/20
Amends the Biometric Information Privacy Act. Provides that a prevailing party may only recover liquidated damages of $1,000 or actual damages, whichever is greater, for negligent violation of the Act against a private entity offending party that is not a current or former employer of the prevailing party. Provides that a prevailing party may only recover actual damages against a private entity offending party that is the current or former employer of the prevailing party and that negligently violates the Act.
LRB101 18433 LNS 67881 b
A BILL FOR
SB3776 LRB101 18433 LNS 67881 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Biometric Information Privacy Act is amended
by changing Section 20 as follows:
(740 ILCS 14/20)
Sec. 20. Right of action. Any person aggrieved 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 violation:
(1) against a private entity offending party that is
not a current or former employer of the prevailing party
and that negligently violates a provision of this Act,
liquidated damages of $1,000 or actual damages, whichever
is greater;
(1.5) against a private entity offending party that is
the current or former employer of the prevailing party and
that negligently violates a provision of this Act, actual
damages;
(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;

SB3776 - 2 - LRB101 18433 LNS 67881 b
(3) reasonable attorneys' fees and costs, including
expert witness fees and other litigation expenses; and
(4) other relief, including an injunction, as the State
or federal court may deem appropriate.
(Source: P.A. 95-994, eff. 10-3-08.)