Biometrics scam

The biometric scam consists of new statutes enacted in Illinois and a few other places that are gold mines to trial attorneys to shake down productive businesses, like the family-owned White Castle hamburger chain.

As reported by Reuters:

“

Illinois' highest court ... said companies violate the state's unique biometric privacy law each time they misuse a person's private information, not just the first time, a ruling that could expose businesses to billions of dollars in penalties. ... White Castle System Inc must face claims that it repeatedly scanned fingerprints of nearly 9,500 employees without their consent, which the company says could cost it more than $17 billion.

”

White Castle operates 377 locations in 13 states, and has annual revenue of perhaps $750 million. But it is potentially being sued for billions of dollars because of its ostensibly harmless use of biometric scanners for employees to enhance security. Dems control the Illinois legislature and more businesses and residents have fled Illinois in the last few years than nearly any other state.

White Castle appealed to the Illinois Supreme Court, which ruled by a 4–3 vote entirely in favor of a pro-trial attorneys' absurd, business-looting interpretation of biometric statute there in early 2023. "Illinois Supreme Court allows massive damages in biometric privacy cases but says lawmakers should weigh in."

In April 2023, Reuters explained that "Illinois court decisions acknowledge biometric privacy act's damages a potential business killer."

Inept certification of question to Illinois Supreme Court

Despite how the Illinois Supreme Court is well known to be pro-trial attorneys, and anti-business, an all Republican-nominated panel of the Seventh Circuit certified the following question to the Illinois Supreme Court, thereby inviting it to open up the floodgates of absurd liability by many businesses for phony violations of biometric privacy:

“

Accordingly, the relevant criteria favor certification. We therefore respectfully ask the Illinois Supreme Court, in its discretion, to answer the following certified question: Do section 15(b) and 15(d) claims accrue each time a private entity scans a person's biometric identifier and each time a private entity transmits such a scan to a third party, respectively, or only upon the first scan and first transmission? Nothing in this certification should be read to limit the scope of the Illinois Supreme Court's inquiry, and the justices are invited to reformulate the certified question. Further proceedings in this court are stayed while this matter is under consideration by the Illinois Supreme Court. Question Certified

”

Cothron v. White Castle Sys., 20 F.4th 1156, 1166-67 (7th Cir. 2021) (Sykes, J., joined by Easterbrook and Brennan, JJ.).

Cannabis industry

“BIPA damages could be a death knell to cannabis operators,” which used biometrics to try to secure their dispensaries and grow facilities and dispensaries.

See also

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• [2]