Every year in the United States, the first full week of October is observed as Lawsuit Abuse Awareness Week. As we enter Lawsuit Abuse Awareness Week 2024, Illinois finds itself at a pivotal moment in its ongoing battle against excessive litigation.
Lawsuit abuse has long plagued the state’s small businesses, burdening them with unsustainable legal costs and stifling their growth. This year, we can celebrate some progress, but it is clear much more needs to be done to protect the future of Illinois’ small businesses.
A major development in 2024 was Gov. J.B. Pritzker’s signing of SB 2979, which introduced much-needed changes to Illinois’ notorious Biometric Information Privacy Act (BIPA). For years, BIPA has been a thorn in the side of businesses, especially small ones, allowing for punitive fines for each alleged violation. In practice, this meant a single technical misstep could result in millions of dollars in damages – a death sentence for many small operations.
The recent amendments to BIPA mark a significant victory for fairness. By addressing the per-instance fine issue, the reforms provide much-needed relief to employers while still preserving individuals’ privacy rights. This balancing act was a difficult but necessary step toward creating a more equitable legal environment in Illinois, and it should be acknowledged as a win for the state’s small business community.