ADA Website Accessibility and BIPA Compliance in Illinois

Illinois website compliance for ADA accessibility and BIPA biometric privacy. Learn about unique state laws and lawsuit risks.

7 min read

Overview

Illinois combines significant ADA website litigation (approximately 800 lawsuits annually) with the nation's strictest biometric privacy law (BIPA - Biometric Information Privacy Act). Illinois businesses face dual compliance obligations: ensuring digital accessibility while protecting biometric data. BIPA's private right of action makes Illinois particularly litigious on privacy and accessibility issues.

~800

Annual Lawsuits

##4 nationwide

National Rank

Increasing 18% year-over-year (BIPA suits driving growth)

Trend

Common Targets

• Technology companies

• Financial services platforms

• Retail point-of-sale systems

• HR and employment platforms

• Mobile and web applications

Top Plaintiff Firms

• Access Living Chicago

• Illinois Disability Rights Bureau

• Biometric Privacy Litigation Counsel

Illinois Accessibility Laws

Americans with Disabilities Act (ADA) Title III

All private businesses; all public entity websites

Federal law requiring equal access to public accommodations, including websites.

Penalties: Up to $75,000 per violation; attorney's fees and costs

Illinois Biometric Information Privacy Act (BIPA)

All companies collecting biometric information in Illinois

Strictest state biometric privacy law. Requires written consent before collecting/using biometric data (fingerprints, facial recognition, iris scans, voice prints). Provides private right of action.

Penalties: $1,000-$5,000 per person per violation; class action exposure can exceed millions

Illinois Accessibility for Persons with Disabilities Act

All businesses operating in Illinois

State law requiring public accommodations (including digital) to be accessible.

Penalties: Civil damages; injunctive relief; attorney's fees

WCAG 2.1 Level AA Standards

All websites and digital properties

Industry standard accessibility guidelines adopted by Illinois courts.

Penalties: Legal liability and damage awards

Recent Cases & Outcomes

2023Technology platform with biometric featuresBIPA settlement for inadequate consent$4,200,000

2023Retail company using facial recognitionClass action settlement$650,000

2022HR software providerSettlement for BIPA + accessibility combined$385,000

2022Financial services websiteADA compliance judgment$95,000

* Cases are representative examples. Actual case details may differ.

Compliance Advice for Illinois Businesses

Illinois businesses must address both ADA accessibility and BIPA biometric privacy compliance. If your website or app uses facial recognition, fingerprint authentication, voice recognition, or iris scanning, ensure explicit written consent is obtained before collection and use. BIPA class actions can result in massive liability ($1,000-5,000 per person). Implement WCAG 2.1 Level AA accessibility standards and maintain clear privacy policies. For technology companies, BIPA compliance is as critical as accessibility.

BIPA: Illinois Privacy Law

Illinois has enacted the BIPA, which applies alongside ADA accessibility requirements. Businesses operating in Illinois must comply with both accessibility (WCAG 2.1 AA) and privacy regulations. SiteArmor scans for both — check your site now.

Frequently Asked Questions

Does facial recognition on my website require BIPA consent?

Yes. Any use of facial recognition, fingerprint scanning, iris scanning, or voice recognition requires written consent under BIPA before collection. Violation exposes you to $1,000-5,000 per person in damages.

Can I be sued under both ADA and BIPA simultaneously?

Yes. Many Illinois lawsuits combine ADA accessibility claims with BIPA biometric privacy claims, especially if your site uses facial recognition to authenticate users without proper accessibility and privacy safeguards.

What counts as biometric data under BIPA?

BIPA covers fingerprints, facial geometry, iris/retina scans, voice prints, and other unique biological characteristics. Even if you partner with a vendor for biometric services, you remain liable for BIPA compliance.

Are Illinois websites more exposed to litigation than other states?

Yes. Illinois' BIPA private right of action has spawned a robust plaintiff's bar, and class action settlements can exceed millions. Combined with ADA accessibility litigation, Illinois is among the highest-risk states for digital accessibility and privacy.

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