ILCS » Chapter 410 · Act 513
Illinois Compiled Statutes

410 ILCS 513/40 (2026)

Right of action

✓ current as of May 2026
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(410 ILCS 513/40)
    Sec. 40. Right of action.
    (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 a federal district court against an offending party. A prevailing party may recover for each violation:
        (1) Against any party who negligently violates a
    
provision of this Act, liquidated damages of $2,500 or actual damages, whichever is greater.
        (2) Against any party who intentionally or recklessly
    
violates a provision of this Act, liquidated damages of $15,000 or actual damages, whichever is greater.
        (3) Reasonable attorney's fees and costs, including
    
expert witness fees and other litigation expenses.
        (4) Such other relief, including an injunction, as
    
the State or federal court may deem appropriate.
    (b) Article XL of the Illinois Insurance Code shall provide the exclusive remedy for violations of Section 30 by insurers.
    (c) Notwithstanding any provisions of the law to the contrary, any person alleging a violation of subsection (a) of Section 15, subsection (b) of Section 25, Section 30, Section 31, or Section 35 of this Act shall have a right of action in a State circuit court or as a supplemental claim in a federal district court to seek a preliminary injunction preventing the release or disclosure of genetic testing or genetic information pending the final resolution of any action under this Act.
(Source: P.A. 98-1046, eff. 1-1-15.)

    
Notes of Decisions
Cited in 8 cases (8 in the last 5 years), 2023–2025 · leading case: Taylor v. Union Pac. R.R. Co. (N.D. Ill. 2024).
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Taylor v. Union Pac. R.R. Co. (N.D. Ill. 2024). · cites it 4× “Union Pacific argues that Plaintiffs fail to state a claim under GIPA because they fail to plausibly allege that they were “aggrieved by” Union Pacific’s allegedly wrongful conduct. To determine what it means to be “aggrieved by” a GIPA violation, this Court must attempt to…”
Ginski v. Ethos Seafood Grp., LLC (N.D. Ill. 2024). · cites it 3× “410 ILCS 513/40; 740 ILCS 14/20. But numerous courts in this district, including this Court, have held that allegations of mental state are not required to state a claim under BIPA.”
McKnight v. United Airlines, Inc (N.D. Ill. 2024). · cites it 2× “” 410 ILCS 513/40(a)(1). In contrast, a “party who intentionally or recklessly violates a provision of [GIPA]” may be subjected to “liquidated damages of $15,000 or actual damages, whichever is greater.”
Melvin v. Big Data Arts LLC (N.D. Ill. 2023). “410 ILCS 513/40(a). The gravamen of plaintiff’s complaint is that Sequencing offers genetic reports through an “online marketplace,” and that to produce these reports, it shares genetic information that its customers upload to Sequencing’s website with third-party developers,…”
Branson v. Caterpillar Inc. (N.D. Ill. 2024). “410 ILCS 513/40(a). Defendant argues that medical conditions and family medical history do not constitute genetic information.”
Henry v. AbbVie Inc. (N.D. Ill. 2024). “410 ILCS 513/40(a). AbbVie argues that medical conditions and family medical history are not genetic information.”
Short v. MV Transp., Inc. (N.D. Ill. 2025). “410 ILCS 513/40(a). The parties do not dispute that Section 25(c)(1) of the Act applies to MV Transportation’s oral request for Short’s family medical history.”
In Re: Lurie Child.'s Hosp. Data Sec. Litig. (N.D. Ill. 2025). “Therefore, the statute provides, among other things, that “[n]o person to whom the results of a test have been disclosed may disclose the test results to another person except as authorized under this Act,” 410 ILCS 513/35, and gives a right of action to “[a]ny person aggrieved…”
— 410 ILCS 513/40(a) — 7 cases
Taylor v. Union Pac. R.R. Co. (N.D. Ill. 2024). “Union Pacific argues that Plaintiffs fail to state a claim under GIPA because they fail to plausibly allege that they were “aggrieved by” Union Pacific’s allegedly wrongful conduct. To determine what it means to be “aggrieved by” a GIPA violation, this Court must attempt to…”
Ginski v. Ethos Seafood Grp., LLC (N.D. Ill. 2024). “410 ILCS 513/40; 740 ILCS 14/20. But numerous courts in this district, including this Court, have held that allegations of mental state are not required to state a claim under BIPA.”
Melvin v. Big Data Arts LLC (N.D. Ill. 2023). “410 ILCS 513/40(a). The gravamen of plaintiff’s complaint is that Sequencing offers genetic reports through an “online marketplace,” and that to produce these reports, it shares genetic information that its customers upload to Sequencing’s website with third-party developers,…”
Branson v. Caterpillar Inc. (N.D. Ill. 2024). “410 ILCS 513/40(a). Defendant argues that medical conditions and family medical history do not constitute genetic information.”
Henry v. AbbVie Inc. (N.D. Ill. 2024). “410 ILCS 513/40(a). AbbVie argues that medical conditions and family medical history are not genetic information.”
— 410 ILCS 513/40(a)(1) — 2 cases
Taylor v. Union Pac. R.R. Co. (N.D. Ill. 2024). “Union Pacific argues that Plaintiffs fail to state a claim under GIPA because they fail to plausibly allege that they were “aggrieved by” Union Pacific’s allegedly wrongful conduct. To determine what it means to be “aggrieved by” a GIPA violation, this Court must attempt to…”
McKnight v. United Airlines, Inc (N.D. Ill. 2024). “” 410 ILCS 513/40(a)(1). In contrast, a “party who intentionally or recklessly violates a provision of [GIPA]” may be subjected to “liquidated damages of $15,000 or actual damages, whichever is greater.”
— 410 ILCS 513/40(a)(2) — 2 cases
Taylor v. Union Pac. R.R. Co. (N.D. Ill. 2024). “Union Pacific argues that Plaintiffs fail to state a claim under GIPA because they fail to plausibly allege that they were “aggrieved by” Union Pacific’s allegedly wrongful conduct. To determine what it means to be “aggrieved by” a GIPA violation, this Court must attempt to…”
McKnight v. United Airlines, Inc (N.D. Ill. 2024). “” 410 ILCS 513/40(a)(1). In contrast, a “party who intentionally or recklessly violates a provision of [GIPA]” may be subjected to “liquidated damages of $15,000 or actual damages, whichever is greater.”
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