LATRINA COTHRON, Appellee, v. WHITE CASTLE SYSTEM, INC., Appellant., 2023 IL 128004

Summary

HOLDINGS: [1]-A party violated 740 ILCS 14/15(b) (2018) when it collected, captured, or otherwise obtained a person's biometric information without prior informed consent, and this was true the first time an entity scanned a fingerprint or otherwise collected biometric information, but it was no less true with each subsequent scan or collection; [2]-The plain language of § 15(d) supported the conclusion that a claim accrued upon each transmission of a person's biometric identifier or information without prior informed consent; [3]-The Illinois Supreme Court rejected the employer's argument that it should limit a claim under § 15 to the first time that a private entity scanned or transmitting a party's biometric identifier or biometric information as no such limitation appeared in the statute.