Vigil v. Take-Two Interactive: ESA Amicus Brief

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Vigil v. Take-Two Interactive: ESA Amicus Brief

The conclusion requested by the plaintiffs—that a party need not prove any actual damage for alleged minor procedural violations of the Biometric Information Privacy Act (“BIPA”)—would impose severe penalties for insignificant defects in notice and consent that would substantially chill innovation with respect to certain personalization features preferred and enjoyed by a vast number of users.