Now Serving, The Biometrics Risk Evolution

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq.—a statute regulating the collection of certain biometric data—has been a major driver of class action litigation in Illinois for nearly ten years.  The constant evolution of technology is no doubt to credit.  While the overwhelming bulk of the BIPA cases have been employment-related, focused primarily on time-keeping and security technology, new waves of consumer litigation have begun to crop up, as biometric technology has become nearly ever-present in the lives of consumers, from virtual try-on technology to loss-prevention technology to payment technology. 

Case in point, on August 28, 2024, Steak ‘n Shake was named in a putative class action lawsuit in the United States District Court for the Northern District of Illinois, captioned Massel v. Steak ‘n Shake, Inc.,Case No. 24-cv-07827.  Plaintiff Michael Massel alleges that Steak ‘n Shake implemented biometric facial recognition…