Plaintiffs’ attorneys in Illinois are leveraging an old genetic privacy law, revealing a potent tool in class action suits. The long-ignored Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq., is witnessing a rising tide of interest due to its substantial statutory penalties and recent case law. The earlier obscurity of GIPA is dissipating; nearly 50 GIPA class actions have been initiated since early 2023, marking a notable shift in the strategy employed by Illinois class action attorneys.
Originally, the GIPA was perceived as a legal backwater by both class action plaintiffs’ attorneys and corporations alike. However, its newfound utility lies in the robust provisions it provides for statutory penalties. With recent case law developments augmenting these implications, the law is now being reckoned with seriously by leading class action lawyers and major corporations in the state.
In their recent publication, Eversheds Sutherland (US) LLP underscored the impact this new trend could have on corporations and law firms in Illinois. This shift not only demands immediate attention from legal departments within corporations, but also has implications that may resound across various industries.
Ahead, there is potential for this trend, buoyed by GIPA, to fuel an escalation of litigation across Illinois’ corporate landscape. While we are only seeing the beginning, it’s clear that attorneys, corporations, and even individuals must remain vigilant, keeping abreast of the evolving trends and strategies in legal recourse that such relatively dormant statutes can induce.