Two proposed class actions filed in the Northern District of Illinois—Berta v. Blue Star Security, LLC, et al. (filed September 26, 2025) and Lichte v. Blue Star Security, LLC, et al. (filed September 17, 2025)—allege that the Chicago Cubs, Blue Star Security, and Protos Security collected facial biometrics from “millions” of fans at Wrigley Field without providing the written notice and consent required under Illinois’ Biometric Information Privacy Act (BIPA).
The Berta complaint details alleged use of Protos’ face software, while the Lichte filing includes game dates and a copy of the pleading. Plaintiffs in both suits also claim that the defendants lacked a compliant public retention policy and profited from the collection. They are seeking statutory damages, restitution, and an injunction.
The Cubs have denied the allegations. A spokesperson told Front Office Sports that the team does not use facial recognition on fans and that scanners previously used in employee-only areas have been removed. “The Cubs do not use this technology and these allegations are false,” the statement said. Blue Star Security and Protos Security have not issued public comments in the coverage reviewed.
The Cubs lawsuit follows earlier reporting on the team’s alleged use of facial recognition, detailed in ID Tech’s coverage of the first case. Other sports venues have already rolled out similar systems, including the Tampa Bay Buccaneers’ express entry program and the University of Florida’s Wicket-powered lane.
The cases come as Illinois continues to see high volumes of BIPA litigation. The statute was amended in 2024 to limit damages to one claim per person per type of violation rather than per scan. Courts are still considering questions of retroactivity, and filings continue across multiple industries.
Illinois continues to generate BIPA litigation even after lawmakers passed a 2024 amendment capping damages on a per-person basis. Courts have since ruled that the cap is not retroactive, leaving older cases exposed to higher penalties. Recent filings include a virtual try-on lawsuit against M.A.C. Cosmetics, a $4.25 million settlement with Lytx, and a $3.95 million settlement with Samsara. Law firms have also noted that despite the cap, companies remain liable for consent and retention-policy violations.
Sources: Top Class Actions, Sports Illustrated, Front Office Sports, King & Spalding, Reuters
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By Ji-seo Kim
