United Surgical Partners International must face a proposed class action in federal court alleging it collected the fingerprint scans of employees in violation of the Illinois Biometric Information Privacy Act despite a recent change in that law.
The plaintiffs were able to meet the amount-in-controversy requirement for federal diversity jurisdiction because recent BIPA amendments limiting damages under the act were enacted after the lawsuit was filed and didn’t apply to existing cases, Judge Sunil R. Harjani of the US District Court for the Northern District of Illinois said Thursday.
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