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White Castle Biometric Privacy Case Heads to Illinois High Court

Dec. 20, 2021, 9:27 PM

The Illinois Supreme Court should decide if White Castle and other employers are liable for each alleged violation of the state’s Biometric Privacy Act or if claims only accrue the first time workers’ fingerprints are scanned, the Seventh Circuit ruled Monday.

The “claim-accrual” issue is one of first impression, raises a question of state law, and will determine the outcome of this case and other BIPA actions, the U.S. Court of Appeals for the Seventh Circuit said.

The issue has significant implications for employers in Illinois, as BIPA provides $1,000 or $5,000 in damages for each violation. The higher amount ...