The question facing Illinois courts interpreting the state’s Biometric Information Privacy Act (BIPA) has been how best to interpret the meaning of “aggrieved.” Was an individual aggrieved if the defendant violated the statute or did the individual need to have sustained “some actual injury or harm, apart from the statutory violation itself, in order to sue under the Act”? Illinois appellate courts had reached conflicting decisions on this question, but on Jan. 25, 2019, the Illinois Supreme Court resolved this split and held, in Rosenbach v. Six Flags Entertainment Corp., that a person is aggrieved in the legal sense “when a legal right is invaded by the act complained of ….” In his January 2019 Illinois Bar Journal article, “Still a Wild Ride,” Charles N. Insler, a partner in the St. Louis office of HeplerBroom LLC, where he concentrates on complex commercial litigation matters, follows BIPA litigation developments after Rosenbach.

Read more in the January Illinois Bar Journal.