On September 5, 2019, the federal district court for the Northern District of Illinois issued an order that denied a motion to dismiss a class action brought under the Illinois Biometric Information Privacy Act (“BIPA”). Although the claims in Rogers v. CSX Intermodal Terminals, No. 19-2937, 2019 U.S. Dist. LEXIS 151135 (N.D. Ill. Sept. 5, 2019) largely survived a motion to dismiss, the district court did hand the defense bar a small—but potentially significant—victory.
The plaintiff in Rogers is a former truck driver. His duties included visiting CSX facilities to pick up and deliver freight. The plaintiff was required to scan his fingerprints to gain entrance to the facility. The plaintiff filed a BIPA class action based on CSX’s failure to provide the required disclosures before collecting his fingerprints and to maintain a publicly available policy on CSX’s retention of biometric data. The complaint also alleged that CSX’s violations were intentional and reckless, an allegation which if proven would result in a $5,000 per violation penalty.