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.
August 2, 2023
Federal judge rules that attorneys’ fees are not available under BIPA absent a showing of bad faith
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