BIPA Illinois Statutory Damages Calculator
Calculates the liquidated damages the Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14) fixes: $1,000 for a negligent violation or $5,000 for an intentional or reckless one. Since the amendment effective August 2, 2024, repeated scans of the same person by the same method are a single violation with at most one recovery. This tool gives the statutory figure only; it does not predict a settlement.
BIPA is the Illinois Biometric Information Privacy Act, 740 ILCS 14. It bars a private entity from collecting a person's biometric identifier or biometric information without written notice and a written release, and gives any person aggrieved by a violation a right to sue. For each violation the Act sets liquidated damages of $1,000 if the violation was negligent and $5,000 if it was intentional or reckless.
BIPA Illinois Damages Under Section 20
| Remedy in 740 ILCS 14/20(a) | Amount |
|---|---|
| Negligent violation | Liquidated damages of $1,000 or actual damages, whichever is greater |
| Intentional or reckless violation | Liquidated damages of $5,000 or actual damages, whichever is greater |
| Fees and costs | Reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses |
| Other relief | Including an injunction, as the court may deem appropriate |
Worked Example
An employer used a fingerprint time clock for 5,000 workers without the written release required by Section 15(b). If the violation is found to be negligent, statutory liquidated damages are 5,000 x $1,000 = $5,000,000. If it is found to be reckless, the figure is 5,000 x $5,000 = $25,000,000. If the employer also disclosed the data to a vendor without consent in breach of Section 15(d), the calculator adds a second $1,000 per person under that subsection and the negligent total becomes $10,000,000. How many times each worker scanned a finger does not change these numbers.
What Changed in 2024: One Recovery per Person
Older BIPA calculators multiply the statutory amount by every scan. That is no longer how Section 20 reads. Public Act 103-769, effective August 2, 2024, added subsections (b) and (c): a private entity that, in more than one instance, collects the same biometric identifier from the same person using the same method of collection in violation of Section 15(b) "has committed a single violation" for which the aggrieved person is entitled to "at most, one recovery". The same rule applies under Section 15(d) to repeated disclosure of the same identifier to the same recipient. This calculator therefore counts persons, not scans.
What Sections 15(b) and 15(d) Require
Section 15(b) requires a private entity, before it collects a biometric identifier, to inform the person in writing that it is being collected or stored, to state in writing the specific purpose and length of term, and to receive a written release. Section 15(d) bars disclosing or redisclosing the identifier unless the person consents, the disclosure completes a financial transaction the person requested, or it is required by law or by a valid warrant or subpoena.
Source and Disclaimer
This page computes the statutory liquidated damages only. It is not legal advice and gives no settlement estimate: settlements depend on facts, defenses and negotiation that no formula captures. Other sections of the Act can also be violated and are not modelled. Speak to an Illinois-licensed lawyer about a real claim.
Sources: 740 ILCS 14/20, Illinois General Assembly (Source: P.A. 103-769, eff. 8-2-24) and 740 ILCS 14/15. Last updated: October 2026.