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The same four justices who decided a new BIPA violation occurs
every time an unauthorized scan is made, such as a finger scan,
ruled against White Castle in a petition for a rehearing.
Critics of the ruling said the interpretation will lead to
massive monetary damage awards that could destroy businesses.
White Castle warned that under the high court’s interpretation
of the law, a jury could award a $17 billion penalty against it
because 9,500 current and former employees were involved. White
Castle had employees scan their fingerprint to access work
computers.
The Illinois Chamber of Commerce was among several business
groups that filed briefs urging the Supreme Court to reconsider
its interpretation of when violations occur under the law.
Clark Kaericher, senior vice president of government affairs for
the chamber, said BIPA is grossly outdated.
“BIPA came out in 2008 before the advent of the I-Phone,”
Kaericher told The Center Square. “It is a dinosaur in
technology days and needs to reflect modern trends, modern
safety features and really the way the world works, which much
has changed since 2008.”
BIPA establishes penalties of up to $1,000 for each
unintentional violation and up to $5,000 for willful violations.
It was expected the Illinois General Assembly would address the
law during the recently concluded spring session, but that
didn’t happen.
A measure that included a 50% increase in the minimum penalty
businesses faced for violating BIPA was roundly criticized by
business and health care groups. The bill never made it to
either chamber.
Kaericher is optimistic lawmakers will address BIPA the next
time they convene.
“I’m hoping that in veto session or at the very least early next
year, we can get something fixed,” he said. “I do think there is
a pathway to getting something done and the stakes are simply
too high not to do something.”
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