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Millions of Dollars at Issue in BIPA Appeal to Seventh Circuit

The Seventh Court of Appeals soon will weigh in on whether a plaintiff involved in an Illinois Biometric Information Privacy Act (BIPA) lawsuit can “stack” alleged violations for a windfall recovery. The opinion in August’s Cothron v. White Castle was one of the first to directly address the theory of liability and damages. The language of the judge’s determination allows for the possibility that a BIPA violation occurs each and every time an employee is required to use the biometric device. Two legal groups representing the restaurant and retail industries filed amicus briefs in support of White Castle, urging the Seventh Circuit to overturn the district court’s ruling. In their brief, the amici assert that a “per scan” theory of liability would penalize employers for each and every instance in which alleged biometric information is collected “even when no employee has suffered any actual damage.”


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Post By Ken Shafton (2,108 Posts)