Despite a suggestion by the Illinois Supreme Court that the legislature needs to address concerns about excessive damage awards connected to the Biometric Information Privacy Act (BIPA), nothing has changed.
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.