Chicago City Wire

Citizens Against Lawsuit Abuse-Illinois has issued the following press release:

CHICAGO - Citizens Against Lawsuit Abuse-Illinois (CALA-IL) is calling on Illinois legislators to immediately draft corrective legislation to the state’s Biometric Information Privacy Act (BIPA) to clarify the Illinois Supreme Court’s devastating ruling Friday that could lead to the financial destruction of Illinois businesses.

In a 5-4 decision in Cothron v. White Castle, the IL Supreme Court determined a separate claim accrues each time a private entity scans or transmits an individual’s biometric identifier. The ruling increases White Castle’s potential liability from $95 million to more than $17 billion and could destroy the company and other Illinois businesses facing similar claims.

“CALA-IL agrees with the majority and minority opinions in Cothron v. White Castle that BIPA will result in the reckless financial destruction of businesses operating in Illinois,” said CALA-IL Executive Director Phil Melin. “It is vital that the Legislature now heeds the recommendation of the Supreme Court majority and ‘make clear its intent regarding the assessment of damages under [BIPA]’ (Pg. 15)."

Melin added, “The Illinois’ Biometric Information Privacy Act (BIPA) is a poorly drafted law that allows trial attorneys to obtain ludicrously excessive damage amounts that are far out of proportion with any sane estimation of harm.  The ramifications of this decision will extend beyond the financial destruction of one beloved 102-year-old Midwest restraint chain, as the shock waves of this 4-3 decision ripple through the Illinois economy.”