Restaurants

Illinois court awards White Castle employee for biometrics privacy law violation

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February 27, 2023

The Illinois Supreme Court recently ruled in favor of a plaintiff seeking damages against White Castle for violating the state's biometrics privacy law, according to a report in The Chicago Tribune.

A Chicago-based White Castle manager, Latrina Cothron, claimed she was required to use a fingerprint scan to access her paystubs without granting the company prior consent, as required under state law.

The court ruled biometric privacy claims accrue each time someone provides biometric information without prior informed consent. The court acknowledged its interpretation could allow for massive damages, which in White Castle's case exceeded $17 billion.

The company estimated that if it were held liable for damages "per-scan," damages for approximately 9,500 present and past employees would be more than $17 billion, according to a summary by Mayer Brown, a global law firm.

The court majority also stated the law does not intend to support damages that would cause "the financial destruction of a business."

The state law, passed in 2008, has resulted in more than 1,600 lawsuits.

"Respectfully, we are deeply disappointed with the court's decision and the significant business disruption that will be caused to Illinois businesses, which now may face potentially huge damages," Wendy Schwantes, a White Castle spokesperson, told this website in an email. "We are reviewing our options to seek further judicial review, given the strong dissenting opinion, which included the court's chief justice. "This dissent justifiably raises serious concerns about the opinion."