A prevailing party recovers liquidated damages or actual damages, whichever is greater, plus attorney fees and injunctive relief. Courts have held the damages award discretionary rather than mandatory.
Aggregate awards raise due process questions.
Alternative Names:
BIPA Damages|Biometric Statutory Damages
Why it Matters?
Discretionary treatment of the damages award is the most useful defense development, since courts recognizing discretion may reduce an award that would otherwise be constitutionally excessive relative to any harm. Establishing the absence of actual injury, good faith compliance efforts, and disproportionality supports that reduction. Fee shifting remains available regardless, which sustains claim viability even where damages are reduced.
Frequently Confused with
Related terms
Frequently asked questions
Is the damages award mandatory?
What supports reduction?





