James Allen's claim was filed in 2020, details of his case and the Blackhawks' defence had not been widely reported before now. The plaintiffs and Blackhawks have argued this year over discovery issues, according to court records.
The lawsuit alleges the Blackhawks «scanned Mr. Allen's facial geometry from security camera footage and stored a facial geometry template for Mr. Allen. The defendant failed to inform Mr. Allen in writing that it was collecting his biometric identifiers or information, the purpose and length of term for such collection, and failed to obtain their written consent before defendant collected his facial geometry scan.»
The Biometric Information Privacy Act of Illinois, or BIPA, passed in 2008. State lawmakers were concerned at the time about the use of personal information by corporations after a local company that let customers pay in stores with their fingerprints went bankrupt, and it discussed selling the fingerprint database.