The surge in biometric data liability class actions businesses must face is becoming a defining legal battle of 2025. With many states expanding the Illinois-style Biometric Information Privacy Act (BIPA), storing customer fingerprints retina scans liability is no longer just a privacy concern—it’s now a financial and reputational minefield.
Why the Risk Is Growing
Storing sensitive biometric data without compliance invites legal peril. Laws like BIPA impose strict requirements on obtaining consent, retaining data policies, and secure storage. Businesses that retain customer biometrics—such as fingerprints or retina scans—face mounting scrutiny, as storing biometric data exposes businesses to lawsuits filed nationwide.
A Wave of Class Actions
Recent litigation trends underscore the urgency. Courts continue to allow private suits under statutes like BIPA; plaintiffs may claim $1,000 per negligent violation, $5,000 per intentional one. Post-amendment in August 2024, Illinois now caps liability at one violation per person—but settlements continue to roll out, as clear in a $51.75M deal with Clearview AI.
Who’s at Risk?
From high-tech shops using facial recognition to businesses storing customer fingerprints retina scans, companies across industries are vulnerable. Washington’s new My Health My Data Act (MHMDA) also allows class action liability for biometric data collection—Amazon in the crosshairs. Even virtual try-on beauty apps aren’t safe—Charlotte Tilbury settled for $2.9M for improper facial data retention.
How to Stay Safe
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Audit Your Biometric Data Practices
Identify where biometric data is collected, stored, and processed. -
Obtain Explicit Consent
Written, informed assertions are required before any fingerprint or retina scan. -
Create Robust Retention/Deletion Policies
Ensure policies are publicly available and strictly followed. -
Invest in Secure Storage
Use encryption and strong access controls; insurers may exclude coverage for biometric data risks. -
Monitor Legal Updates
More states are introducing BIPA-style laws—Texas, Washington, Colorado are next.
Bottom Line
Handling biometric data privacy class actions 2025 requires vigilance. Non-compliance can lead to multimillion-dollar payouts and severe brand damage. Make consent, data controls, and legal monitoring central to your biometric strategy—and turn liability into an advantage.
