Illinois Supreme Court Upholds Protections of the Biometric Information Protection Act

Stephan Zouras, LLP – a leader in protecting employee and consumer biometric privacy rights under the Biometric Information Privacy Act (BIPA) – will resume litigation against several major corporations including Speedway, Crate and Barrel, Mariano’s and Four Seasons Hotels, most of which had been stayed pending a decision from the Illinois Supreme Court in the closely-watched Rosenbach v. Six Flags case.

In a unanimous opinion, the Illinois Supreme Court held – as Stephan Zouras, LLP has always maintained – that individuals need not allege “actual injury” to recover damages for the unlawful procurement of biometric data, including through fingerprint scans in the workplace.

In upholding the rigorous protections provided by the Act, the Court held, “Compliance should not be difficult; whatever expenses a business might incur to meet the law’s requirements are likely to be insignificant compared to the substantial and irreversible harm that could result if biometric identifiers and information are not properly safeguarded; and the public welfare, security, and safety will be advanced.”

According to the firm’s two founding partners, Ryan Stephan and Jim Zouras, “Today’s ruling is a profound victory for workers and consumers across Illinois who can now seek monetary damages against corporations that skirt the law and jeopardize the security of individual’s biometric data.  We look forward to securing justice on behalf of our aggrieved clients.”

Stephan Zouras, LLP will resume litigation in over 45 pending class actions under BIPA in the wake of the Illinois Supreme Court ruling.

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