BIPA Statutory Damages

BIPA Statutory Damages

BIPA Statutory Damages

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?

Is the damages award mandatory?

No. Courts have recognized discretion, which permits reduction where an aggregate award would be constitutionally excessive.

What supports reduction?

What supports reduction?

Absence of actual injury, documented good faith compliance efforts, and disproportionality between the award and any harm.