Class Action
Cothron v. White Castle
Cothron v. White Castle System, Inc.
Where it stands
Illinois Supreme Court answered the certified question in February 2023, holding BIPA claims accrue on each scan. Case settled for $9.39 million, with final approval in September 2024.
Key ruling
Cothron v. White Castle System, Inc., 2023 IL 128004 (Feb. 17, 2023) — the Illinois Supreme Court held that a separate BIPA claim accrues each time a biometric identifier is scanned or disclosed, not just at first collection. The Illinois legislature reversed this outcome prospectively with SB 2979, signed and effective August 2, 2024, which limits a defendant to a single violation per person per method of collection. Courts have divided on whether SB 2979 applies retroactively.
Note on this record
Exact filing date (reported as December 2018), class size and class counsel not verified from a primary source. The federal docket number reflects removal from Illinois state court.The record
- Court
- U.S. District Court for the Northern District of Illinois (certified question answered by the Supreme Court of Illinois)
- Case number
- 1:19-cv-00382
- Filed
- 2018-12
- Defendants
- White Castle System, Inc.
- Plaintiffs
- White Castle employees in Illinois required to scan fingerprints to access pay stubs and computer systems
- Technology at issue
- Fingerprint-scan employee timekeeping and system-authentication terminals
- Relief sought
- BIPA statutory damages of $1,000 per negligent violation and $5,000 per reckless or intentional violation (740 ILCS 14/20). White Castle argued per-scan accrual exposed it to more than $17 billion.
- Settlement
- $9,390,000
Claims pleaded
Sources (3)
- Illinois Supreme Court Issues Long-Awaited BIPA Decision in Cothron v. White Castle SystemsJackson Lewis P.C. · 2023-02
- I.L. Federal Judge Approves $9M White Castle Fingerprint BIPA SettlementHall Benefits Law · 2024
- Illinois BIPA Reform Takes Effect (SB 2979)King & Spalding LLP · 2024-08-12
This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.