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One and Done: Seventh Circuit Holds BIPA Amendments Apply Retroactively to Preclude Per-Scan Damages
On April 1, 2026, the U.S. Court of Appeals for the Seventh Circuit held in Clay v. Union Pacific Railroad Co. that the 2024 amendments to Section 20 of the Illinois Biometric Information Privacy Act (BIPA) apply retroactively to cases pending at the time the amendments were enacted, effectively foreclosing plaintiffs’ efforts to recover per-scan statutory damages in pending BIPA litigation.
