A proposed class-action lawsuit filed against the Chicago Cubs baseball team over the alleged unlawful use of facial recognition technology at Wrigley Field has been voluntarily dismissed by the plaintiffs. The suit had claimed that the team and its security contractors illegally captured fans’ biometric data without their consent, in violation of Illinois’ strict Biometric Information Privacy Act (BIPA).
The lawsuit, filed last month by two Illinois residents against the Cubs and security operators Blue Star Security and Protos Security, alleged that cameras at the historic ballpark were improperly using facial recognition to collect biometric data from spectators without their knowledge or permission. Shortly after the suit was filed, the Cubs organization issued a strong denial, telling Front Office Sports that they do not use facial recognition or biometric technology for fans or staff and vowing to “vigorously defend” themselves against the claims.
Last week, the plaintiffs appear to have abandoned their case, filing a notice of voluntary dismissal on October 7. The case was dismissed without prejudice, which means the plaintiffs could potentially refile it at a later date. Each party will be responsible for their own legal fees.
A Case Built on Uncertain Evidence
The plaintiffs’ case appeared to rely heavily on marketing language from an article on the Blue Star Security website, which stated that the company operates at Wrigley Field and uses facial recognition software, though it did not explicitly state that the technology was deployed at the ballpark. The language in that article has since been updated to say that such technology “may be utilized” where “permitted by law.” The suit also included a photo from a 2021 article showing facial-ID scanners in an employee-only area of the stadium, which a team spokesperson confirmed are no longer in use.
The dismissal marks a notable, if inconclusive, development in the ongoing legal battles surrounding the use of facial recognition technology and BIPA. While the Cubs avoided a protracted legal fight, the case highlights the sensitivity and legal risks for venue operators and security firms when it comes to the deployment of biometric surveillance technologies.
Part of a Broader BIPA Litigation Trend
BIPA has emerged as one of the most powerful tools for consumers to challenge allegedly improper biometric data collection. Recent cases have targeted a wide range of entities, from retailers like Home Depot and Target to gig economy platforms like Instacart and even tech giants like Google.
Source: Front Office Sports
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By the ID Tech Editorial Team
