Restaurants

Steak n Shake sued for alleged biometric data privacy violations

Photo: billtster - stock.adobe.com

September 10, 2024

A class action lawsuit has been filed against fast food chain Steak 'n Shake, alleging that its facial recognition ordering kiosks illegally collect biometric data without proper consent, according to a report by Biometric Update.

Illinois resident Michael Massel is the plaintiff in the suit, which cites the state's Biometric Information Privacy Act as grounds for the legal action.

According to the lawsuit, Steak 'n Shake's biometric self-ordering kiosks, introduced earlier this year, collect customers' facial geometry data without providing adequate notice or obtaining written consent. The suit argues the practice violates BIPA, which requires private entities to disclose how biometric data is collected, stored and used, and to obtain written consent from individuals.

Massel seeks to represent all Illinois residents who have had their biometric information collected by Steak 'n Shake in the past five years. He is seeking damages of up to $5,000 per violation, potentially totaling millions of dollars.

This is not the first time Massel has filed a lawsuit under BIPA. He has previously sued several companies, including crypto trading platforms and dating apps, for alleged biometric data privacy violations.

Steak 'n Shake did not respond to request for comment.