Fact · Voice privacy and security
The Seventh Circuit held that the 2024 amendment limiting BIPA damages is a procedural change and must be applied to cases that were pending when the amendment was enacted.
Checked against its source on October 17, 2026
In the source's own words
“The court held that the amendment limiting potential damages was a procedural change to the law and therefore must be applied retroactively to cases pending when the amendment was enacted.”
7th Circuit Confirms BIPA Amendment Has Retroactive Application, Paul Hastings, 2026, Opening summary of the court's decision.
Open the original- What it measures
- The amendment has no express retroactivity clause, and district courts had disagreed about whether it reached claims filed before August 2024.
- What it does not show
- This is one federal appeals court's reading of Illinois law. Other federal circuits and Illinois state courts can reach a different view, and the case law is still developing. Read the current decisions before relying on it for a particular claim.