Sec. 20. Right of action.

310 words·~1 min read·/il/chapter-740/act-14/20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. A prevailing party may recover for each violation:

(1)against a private entity that negligently violates a provision of this Act,

liquidated damages of $1,000 or actual damages, whichever is greater;

(2)against a private entity that intentionally or recklessly violates a provision of

this Act, liquidated damages of $5,000 or actual damages, whichever is greater;

(3)reasonable attorneys' fees and costs, including expert witness fees and other

litigation expenses; and

(4)other relief, including an injunction, as the State or federal court may deem

appropriate.

(b)For purposes of subsection

(b)of Section 15, a private entity that, in more than one instance, collects, captures, purchases, receives through trade, or otherwise obtains the same biometric identifier or biometric information from the same person using the same method of collection in violation of subsection

(b)of Section 15 has committed a single violation of subsection

(b)of Section 15 for which the aggrieved person is entitled to, at most, one recovery under this Section.

(c)For purposes of subsection

(d)of Section 15, a private entity that, in more than one instance, discloses, rediscloses, or otherwise disseminates the same biometric identifier or biometric information from the same person to the same recipient using the same method of collection in violation of subsection

(d)of Section 15 has committed a single violation of subsection

(d)of Section 15 for which the aggrieved person is entitled to, at most, one recovery under this Section regardless of the number of times the private entity disclosed, redisclosed, or otherwise disseminated the same biometric identifier or biometric information of the same person to the same recipient.