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Summary
Attorneys

When facing IRPA claims, choose a defense team with a track record of expeditiously resolving privacy class actions.

IRPA: An Emerging Attack on Technology

Illinois enacted the Illinois Right of Privacy Act (IRPA 765 ILCS 1075/) back in 1999, but IRPA is being used more recently and more frequently in class actions against technology companies that compile data.

IRPA regulates the use of an individual's name, image, likeness or voice for commercial purposes. It allows for the recovery of statutory damages, actual damages, profits derived from any unauthorized use, attorneys fees, or punitive damages. Many aspects of the law, and defenses to the claims, are unsettled in Illinois.

Class action lawsuits for alleged violations of IRPA represent a trend in Illinois data privacy class actions. The most recent targets are businesses that advertise or conduct business over the internet.

Defending Privacy Class Actions

Hinshaw is at the forefront of defending privacy claims nationally, and especially in Illinois. We have litigated hundreds of privacy class actions in the state and federal courts within Illinois.

We have helped establish favorable case authority in some of the earliest IRPA class actions. We continue to defend businesses that are at the leading edge of technology.

Hinshaw represents dozens of companies throughout Illinois that face class actions for alleged violations of the Illinois Biometric Information Privacy Act (BIPA). We have also successfully handled hundreds of cases involving similar privacy-based consumer laws such as the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and the Illinois Collection Agency Act (ICAA). We track these and other state and federal privacy laws.

Based on our experience, we know how to craft a cost-effective litigation strategy. We also know Illinois law and Illinois courts. Few, if any, firms have defended near the same amount of privacy class actions in Illinois as Hinshaw.