Class Action
Rogers v. BNSF
Rogers, et al. v. BNSF Railway Company
Where it stands
First BIPA case ever tried to a jury. On October 12, 2022 the jury found 45,600 reckless or intentional violations, producing a $228 million judgment at $5,000 per violation. The court later vacated the damages award and ordered a new trial on damages; the parties then settled for $75 million, with a final approval hearing on June 17, 2024.
Key ruling
October 12, 2022 jury verdict — the first BIPA trial verdict, establishing that a company can be liable under BIPA for biometric collection performed by a third-party vendor on its behalf, and demonstrating the aggregation risk that motivated the 2024 SB 2979 amendment.
Note on this record
Filing date and the exact date the damages award was vacated and the settlement approved were not verified; the June 17, 2024 date is the scheduled final approval hearing.The record
- Court
- U.S. District Court for the Northern District of Illinois
- Case number
- 1:19-cv-03083 (removed from Cook County No. 2019-CH-04393)
- Filed
- Filing date not established
- Defendants
- BNSF Railway Company
- Plaintiffs
- Approximately 45,600 truck drivers whose fingerprints were scanned at BNSF's automated gate systems at four Illinois rail facilities
- Technology at issue
- Remote-operated automated gate systems using fingerprint scanning to verify truck drivers entering BNSF intermodal facilities (vendor-operated on BNSF's behalf)
- Relief sought
- BIPA statutory damages of $1,000 per negligent violation and $5,000 per reckless or intentional violation (740 ILCS 14/20). The jury's reckless/intentional finding drove the $5,000 multiplier.
- Settlement
- $75,000,000 (approximately $1,000 per participating class member); the earlier $228,000,000 judgment was vacated
- Counsel of record
- McGuire Law, P.C.
Claims pleaded
Sources (3)
- First Ever BIPA Trial Results in $228 Million Judgment Against BNSF RailwayHunton Andrews Kurth LLP · 2022-10
- BNSF Railway Co. BIPA $75M class action settlementTop Class Actions · 2024
- $228M Damages Award Vacated in First BIPA TrialThe National Law Review · 2023
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.