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The high court ruled that a separate claim accrues each time
data is collected, such as a finger scan. White Castle is facing
potential lawsuit damages of up to $17 billion as a result of
the ruling.
In the first case to go to trial, BNSF Railway had to pay $228
million after truck drivers brought a class-action lawsuit over
the company’s policy of scanning their fingerprints when they
entered BNSF rail yards.
Business groups have been pleading with lawmakers to address the
law, which has spawned hundreds of lawsuits, none of which have
proven harm to anyone.
“No data breaches, no lost information, but billions of dollars
have already been paid out with more on the way, and it's
already having a significant impact on our economy,” said Mark
Denzler, CEO and president of the Illinois Manufacturers
Association.
Brett Dallmeyer, a licensed fingerprint vendor, said those
filing a lawsuit have nothing to lose.
“There’s no adverse action to be taken against the person filing
the suit,” Dallmeyer said. “Even if the suit is dismissed,
nothing prevents other suits from being filed.”
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.
Illinois is the only state that allows individuals the right to
sue over the improper collection of biometric data.
Kevin Bessler reports on statewide issues in
Illinois for the Center Square. He has over 30 years of
experience in radio news reporting throughout the Midwest.
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