Earlier this month, the U.S. Court of Appeals for the Seventh Circuit issued its fourth opinion in two years addressing Article III standing in the context of Illinois’ Biometric Information Privacy Act.
The court handed the plaintiff in Thornley v. Clearview AI Inc.[1] a “win,” concluding she lacked Article III standing to pursue her BIPA claims in federal court and, therefore, affirming the district court’s decision to grant her motion to remand the case back to state court.
Given the recurring nature of the topic, the evolving standards and strategies at issue in BIPA cases, and the potentially broader implications for consumer protection litigation in the circuit, a brief recap is in order.
