Illinois biometric cases changed in 2026: repeat scans now count as one violation per person, while voice and AI claims face new tests. BIPA, the Illinois Biometric Information Privacy Act covering fingerprints, face geometry, and voiceprints, still allows large group cases over consent and data handling. This update affects Illinois workers who scan fingerprints, job seekers who did video interviews, and people whose voice or face was analyzed. One hiring settlement has an October claim deadline, while new rulings narrow and preserve other paths.
Table of Contents
- Why do repeat scans pay only once now?
- Which workers and device makers fall outside BIPA?
- Can you claim part of the $3.75M HireVue fund?
- Why do large classes still have leverage?
Why do repeat scans pay only once now?
Illinois Public Act 103-0769, signed Aug. 2, 2024, changed BIPA Section 20 so repeated collection from the same person by the same method is one violation with at most one recovery. Nixon Peabody reports the change also treats an electronic signature as written release in its summary of the reform bill. The Seventh Circuit applied that cap to older pending cases in Clay v. Union Pacific, No.
25-2185, on Apr. 1, 2026. Sidley Data Matters notes the ruling collapsed a truck driver's about 1,500-scan, about $7.5M per-scan theory into one recovery in its April coverage of the decision. The practical effect is smaller per-person math for timeclock and gate scans. Plaintiffs must now prove a reckless violation, a separate method, or a separate disclosure to increase value.
Which workers and device makers fall outside BIPA?
The Seventh Circuit narrowed the contractor defense in Payton v. Union Pacific, No. 26-1946, on Sept. 30, 2026. It ruled work for government covers only work in the course of a state or local contract. Thousands of fingerprint-scanned Illinois intermodal truck drivers from 2013 to 2021 may proceed under that reading. Device makers won a limit in G.T.
v. Samsung, affirmed Aug. 7, 2026. The court held possess, collect, capture, and obtain all require control over biometric data. A maker whose Gallery app creates face templates stored only on the user's phone is therefore not liable. Together the rulings separate control from access. Employers that store or use prints for their own operations face more risk than makers of on-device tools.
Can you claim part of the $3.75M HireVue fund?
HireVue created a $3.75M fund for people who, while in Illinois between Jan. 27, 2017 and June 25, 2026, completed a video interview involving a model that may have collected voice and facial biometrics. The official settlement administrator estimates payment at about $150 only if a claim is filed by Oct.
13, 2026, as described on the official settlement site. Check these points before filing: File only through the official administrator. Keep interview invitations, employer name, and date to resolve follow-up questions.
- you were in Illinois for the interview
- interview date falls Jan. 27, 2017 to June 25, 2026
- interview used a model that may have collected voice or facial data
- claim is submitted by Oct. 13, 2026
Why do large classes still have leverage?
BIPA still provides $1,000 per negligent and $5,000 per reckless violation per person. It also requires written notice before collection, written consent, and a public retention schedule. A class of thousands can therefore still seek significant total sums despite one recovery per person. New filings test voice and meeting tools. Five Illinois residents in Basich et al. v.
Microsoft, No. 2:26-cv-00422, filed Feb. 5, 2026 in W.D. Washington, allege Teams speaker diarization and transcription capture and analyze voiceprints without written consent or disclosure. Employers and AI vendors using fingerprint clocks, video-interview analytics, or meeting transcription for Illinois residents must document electronic consent and data handling now. Save offer letters, interview invites, timeclock notices, and meeting details if you worked in Illinois.
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