CPRA and BIPA Enforcement Intensifies Across the U.S.

The year 2025 has marked a turning point for data privacy in the United States. CPRA and BIPA enforcement is ramping up, and businesses of all sizes are feeling the pressure. With more state-level laws taking effect and stronger enforcement actions by regulators, understanding these privacy laws is no longer optional—it’s a necessity.

In this article, we break down what’s happening with CPRA and BIPA, how enforcement is changing, and what steps your business should take to stay compliant.

What Are CPRA and BIPA?

Before diving into the enforcement landscape, let’s clarify what CPRA and BIPA actually are.

CPRA: California Privacy Rights Act
The California Privacy Rights Act (CPRA) is a data privacy law that amended and expanded the California Consumer Privacy Act (CCPA). It came into full effect on January 1, 2023. CPRA strengthens consumer rights and increases businesses’ obligations around the collection and handling of personal information.

BIPA: Biometric Information Privacy Act
BIPA is a law enacted in Illinois in 2008 that regulates how companies can collect, use, and store biometric data—like fingerprints, facial recognition data, and voiceprints. Unlike many other privacy laws, BIPA allows individuals to sue companies directly for violations, which has led to a wave of costly class-action lawsuits.

CPRA and BIPA Enforcement Trends in 2025

Both CPRA and BIPA are now being enforced more aggressively than ever before. Here’s what’s driving the change:

1. A More Active California Privacy Protection Agency (CPPA)
   The CPPA, created by the CPRA, is now fully operational. It’s conducting audits and launching investigations into companies suspected of non-compliance. Expect more fines and public shaming for violators.
2. More Class-Action Lawsuits Under BIPA
   BIPA lawsuits are surging in 2025. Major companies like Amazon, Meta, and smaller employers alike are being hit with multimillion-dollar settlements over improper biometric data use.
3. Federal and State Collaboration
   Even though there’s no unified federal data privacy law yet, federal agencies like the FTC are working with state regulators to investigate cross-border violations. This means more scrutiny for national companies.

Key Compliance Areas Businesses Must Focus On

If your business collects, stores, or processes personal data—especially in California or Illinois—here’s what you need to focus on:

Data Mapping
Understand what data you collect, where it’s stored, and who has access. This is the foundation for all privacy compliance.

Consent Management
Under both CPRA and BIPA, clear and affirmative consent is crucial. This means:

• No pre-checked boxes
• Easy opt-in and opt-out
• Special considerations for minors

Transparency and Notices
CPRA requires businesses to inform users at or before data collection about:

• What data is collected
• Why it’s being collected
• How long it will be kept

BIPA requires you to notify users and get written consent before collecting any biometric data.

Data Retention Policies
Don’t hold on to data longer than needed. Under CPRA and BIPA, keeping data “just in case” can lead to compliance issues.

Vendor Management
If third-party vendors handle user data on your behalf, you’re responsible for their actions too. Make sure your contracts include strong data protection clauses.

Real-Life Cases That Changed the Game

White Castle’s $17B BIPA Ruling
In 2023, an Illinois court ruled that White Castle could owe up to $17 billion in fines for violating BIPA by scanning employee fingerprints without proper consent. This set a precedent that every scan counts as a violation, not just the first time.

TikTok and CPRA Violations
TikTok has faced multiple investigations under CPRA for collecting data from minors and failing to provide opt-outs for data sales. The CPPA is currently reviewing its practices, and other social platforms may be next.

Retailers and Fingerprint Scanning
Large retailers that use fingerprint-based time clocks for employees are now frequent BIPA targets. Many have paid out multi-million dollar settlements, even if no harm was proven.

Penalties Are Steep and Reputation-Damaging

Here’s what companies face if they don’t comply with CPRA and BIPA:

• Fines under CPRA: $2,500 per violation or $7,500 for intentional violations or those involving children.
• BIPA Penalties: $1,000 per negligent violation or $5,000 for reckless or intentional violations—with each instance (or scan) counted separately.
• Reputational Damage: Beyond fines, violations can seriously harm brand trust and customer loyalty.

What About Other States?

While California and Illinois lead the way, other states are catching up quickly:

Texas: The Texas Data Privacy and Security Act (TDPSA)
Goes into effect July 2024 and mirrors many CPRA principles.

Colorado and Virginia
Already have data privacy laws in effect that require similar transparency and user rights.

Washington and Florida
Introduced new laws in 2025 focusing on health and children’s data privacy.

As more states adopt similar laws, multi-state compliance will become a standard business need.

What Businesses Should Do Now

Here are some practical steps to get ahead of CPRA and BIPA enforcement:

1. Conduct a Privacy Audit
   Start with a full audit of your data collection and storage practices. Identify high-risk areas, especially involving biometrics or children’s data.
2. Update Your Privacy Policy
   Make sure your privacy policy reflects the latest regulations. It should clearly outline what data is collected, how it’s used, and how users can opt out.
3. Train Your Employees
   Train staff on data handling practices, especially those who work with customer data, marketing tools, or time-tracking systems.
4. Work With Legal and Compliance Experts
   Hire professionals who understand data privacy laws and can help design your compliance strategy.
5. Implement Consent Tools
   Use consent management platforms (CMPs) to track and manage user consent across platforms.

Looking Ahead: Federal Privacy Law on the Horizon?

There’s increasing bipartisan support for a national data privacy law. The proposed American Privacy Rights Act (APRA) is gaining traction in 2025, which could unify standards across the country.

But until that happens, CPRA and BIPA will remain the most influential privacy laws in the U.S., and their enforcement will only get tougher.

Final Thoughts

The intensified enforcement of CPRA and BIPA is a wake-up call for businesses. Ignoring privacy laws is no longer an option. Whether you’re a small e-commerce store or a global tech company, it’s time to take data privacy seriously.

These laws aren’t just about avoiding fines—they’re about building trust with your customers in a world where privacy is becoming more valuable than ever.

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