Under the theory adopted in Cothron, each scan or transmission was a discrete violation accruing separate statutory damages. Illinois subsequently amended the statute to limit recovery to a single violation per person per method.
The amendment's retroactivity is contested.
Alternative Names:
Per-Scan Damages|Per-Violation Accrual
Why it Matters?
The amendment limiting recovery to one violation per person per collection method reduced theoretical exposure by orders of magnitude, since an employee scanning twice daily for five years generated thousands of violations under the prior theory. Whether the amendment applies to conduct predating it is being litigated, which makes the accrual date a threshold issue in pending matters. Damages remain discretionary rather than mandatory under the statute.
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Related terms
Frequently asked questions
What did the amendment change?
Does the amendment apply retroactively?
