White Castle Ruling Shakes Up Biometric Litigation, Insurance

An Illinois Supreme Court ruling expanding the potential for huge damages awards under the state’s biometric privacy law opens up new legal strategies and creates a fresh headache for insurance providers.

In a split decision in Cothron v. White Castle, the court found that damages claims made under the Illinois Biometric Information Privacy Act accrue on each violation, not just the first.

The ruling could leave businesses on the line for hundreds of millions of dollars if they are found liable for violating the law with their employment and consumer practices. It may intensify biometric privacy case battling at procedural ...