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| | In April 2023, Reuters explained that "Illinois court decisions acknowledge biometric privacy act's damages a potential business killer."<ref>https://www.reuters.com/legal/legalindustry/illinois-court-decisions-acknowledge-biometric-privacy-acts-damages-potential-2023-04-17/</ref> | | In April 2023, Reuters explained that "Illinois court decisions acknowledge biometric privacy act's damages a potential business killer."<ref>https://www.reuters.com/legal/legalindustry/illinois-court-decisions-acknowledge-biometric-privacy-acts-damages-potential-2023-04-17/</ref> |
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| | + | == Inept certification of question to Illinois Supreme Court == |
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| | + | Despite how the [[Illinois Supreme Court]] is well-known to be pro-trial attorneys, and anti-business, an all [[Republican]]-nominated panel of the [[Seventh Circuit]] certified the following question to the Illinois Supreme Court, thereby inviting it to open up the floodgates of absurd liability by many businesses for phony violations of biometric privacy: |
| | + | {{cquote|Accordingly, the relevant criteria favor certification. We therefore respectfully ask the Illinois Supreme Court, in its discretion, to answer the following certified question: |
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| | + | Do section 15(b) and 15(d) claims accrue each time a private entity scans a person's biometric identifier and each time a private entity transmits such a scan to a third party, respectively, or only upon the first scan and first transmission? |
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| | + | Nothing in this certification should be read to limit the scope of the Illinois Supreme Court's inquiry, and the justices are invited to reformulate the certified question. Further proceedings in this court are stayed while this matter is under consideration by the Illinois Supreme Court. |
| | + | Question Certified}} |
| | + | ''Cothron v. White Castle Sys.'', 20 F.4th 1156, 1166-67 (7th Cir. 2021) (Sykes, J., joined by Easterbrook and Brennan, JJ.). |
| | == Cannabis industry == | | == Cannabis industry == |
| | “BIPA damages could be a death knell to [[cannabis]] operators,” which used biometrics to try to secure their dispensaries and grow facilities and dispensaries.<ref>https://madisonrecord.com/stories/639928855-illinois-torched-business-and-common-sense-with-its-biometric-privacy-law</ref> | | “BIPA damages could be a death knell to [[cannabis]] operators,” which used biometrics to try to secure their dispensaries and grow facilities and dispensaries.<ref>https://madisonrecord.com/stories/639928855-illinois-torched-business-and-common-sense-with-its-biometric-privacy-law</ref> |