Mary Smigielski Speaks with Bloomberg Law About Old Dominion’s Biometric Waiver Strategy
Chicago Partner Mary Smigielski spoke with Bloomberg Law to provide insights on a recent strategy employed by Old Dominion Freight Line Inc. to mitigate their liability risk under the Illinois Biometric Information Privacy Act (BIPA). The transport company is currently facing a federal lawsuit over alleged violations of BIPA, following the Illinois Supreme Court’s decision in Cothron v. White Castle, which expanded the potential for massive damages awards under the Act.
Chicago, Ill. (April 20, 2023) - Chicago Partner Mary Smigielski spoke with Bloomberg Law to provide insights on a recent strategy employed by Old Dominion Freight Line Inc. to mitigate their liability risk under the Illinois Biometric Information Privacy Act (BIPA). The transport company is currently facing a federal lawsuit over alleged violations of BIPA, following the Illinois Supreme Court’s decision in Cothron v. White Castle, which expanded the potential for massive damages awards under the Act.
As the article describes, Illinois' BIPA was the first state law in the U.S. to enact a biometric data privacy law, which also provides a private right of action for recovering damages for statutory violations. In an effort to reduce their exposure, Old Dominion Freight Line recently offered its employees $500 if they agreed not to sue over biometric privacy rights.
In discussing the validity of such a tactic, Ms. Smigielski told Bloomberg Law, "This is a successful strategy many companies have employed over the years to mitigate potential exposure under BIPA, and one that does not mean they violated BIPA.” She added that companies may even choose to implement a biometric policy regardless of whether they use any biometric technology or are covered under BIPA, just to avoid becoming a target of a class action.
Ms. Smigielski, who co-founded Lewis Brisbois' BIPA Practice – the first in the nation – also serves as co-host of The BIPA Radar podcast series, which recently covered the Cothron decision. She has been on the cutting edge of BIPA litigation, frequently providing commentary to the news media on the topic, including for another recent Bloomberg Law article. In addition to handling BIPA matters, Ms. Smigielski serves as the head of the firm’s Chicago Labor & Employment team. Her practice includes class/collective actions and single-plaintiff employment litigation, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level.
Read the full Bloomberg Law article here (subscription may be required).