Federal judge rules that attorneys’ fees are not available under BIPA absent a showing of bad faith

A judge in the US District Court for the Northern District of Illinois recently denied a defendant’s request for attorney fees following a ruling in the defendant’s favor and dismissal of a class action lawsuit filed under the Illinois Biometric Information Privacy Act (“BIPA”).  The court concluded that, while the BIPA provides that courts may award attorneys’ fees to a prevailing party, attorneys’ fees are not available absent a showing of bad faith.  The court ruled that the defendant failed to demonstrate that the plaintiff in the case acted in bad faith.

Memorandum Opinion and Order