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The Illinois Supreme Court issued an opinion Friday in an ongoing case against White Castle in connection to the state’s Biometric Information Privacy Act (BIPA) that could potentially result in massive fines. 

The opinion came after the U.S. Court of Appeals for the 7th District requested for the state’s highest court to certify whether BIPA claims accumulate with each biometric data scan or transmission that allegedly violates the law or just the first instance. The Illinoise Supreme Court ruling was 4-3.

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In the proposed class action case, the plaintiff sued White Castle on accusations the fast-food chain had "unlawfully collected her biometric data and unlawfully disclosed her data to its third-party vendor" without her consent for several years after implementing fingerprint-scanning for employee computer access, according to the Illinois Supreme Court document.

NEW YORK, NY – APRIL 12: An exterior view of a White Castle restaurant, April 12, 2018 in the Queens borough of New York City. White Castle has introduced the meatless ‘Impossible Slider’ burger. The burger, which sell for $1.99, are about twice the (Drew Angerer/Getty Images / Getty Images)

"We conclude that the plain language of section 15(b) and 15(d) shows that a claim accrues under the Act with every scan or transmission of biometric identifiers or biometric information without prior informed consent," the Illinois Supreme Court said Friday the ruling. 

In a statement, White Castle told FOX Business it was "deeply disappointed with the court’s decision and the significant business disruption that will be caused to Illinois businesses, which now face potentially huge damages." 

"We are reviewing our options to seek further judicial review, given the strong dissenting opinion, which included the Court’s Chief Justice," the fast-food chain continued. "This dissent justifiably raises serious concerns about today’s opinion."

White Castle Restaurant (iStock / iStock)

Meanwhile, James Zouras, the attorney representing the plaintiff, told Reuters that "hopefully, today’s decision will encourage employers and other biometric data collectors to finally start taking the law seriously."

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Private entities are barred from "collect[ing], captur[ing], purchas[ing], receiv[ing] through trade, or otherwise obtain[ing]" someone’s biometric data without getting informed consent beforehand under BIPA. The law also puts restrictions on them "disclos[ing], redisclos[ing], or otherwise disseminat[ing]" such data without consent, among other provisions.

Negligent violations can come with $1,000 fines, according to the state law. For intentional or reckless violations, the penalties are $5,000 each.

White Castle contended alleged claims "can accrue only once – when the biometric data is initially collected or disclosed," the majority opinion said. 

White Castle Empty Boxes (iStock)

"It will lead to consequences that the legislature could not have intended," Illinois Supreme Court Justice David Overstreet argued about the majority opinion in the dissent. "Moreover, the majority’s interpretation renders compliance with the Act especially burdensome for employers."

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White Castle said damages could be upwards of an estimated $17 billion "if plaintiff is successful and allowed to bring her claims on behalf of as many as 9500 current and former White Castle employees," the majority opinion stated.

The case will return to the lower court. 

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BYD is offering free car insurance on select EVs in new end-of-year sales promo

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BYD is offering free car insurance on select EVs in new end-of-year sales promo

China’s EV leader wants to close the year strong with a new sales promotion. BYD is now offering free car insurance on certain EVs ahead of the upcoming Chinese New Year. Will it be enough to take the global EV sales crown in 2024?

BYD offers free insurance on some EVs to boost sales

With a record 506,804 NEVs (EV and PHEV models) sold in November, BYD has now had two straight months with over 500,000 in vehicle sales.

The EV giant has no plans to slow down. On Thursday, BYD announced its latest “New Year GO New Car” sales promotion on its Weibo page.

From today, December 26, 2024, through January 26, 2025, BYD is offering free car insurance on select PHEVs and EVs in its Ocean and Dynasy lineups. The promo includes several top-selling EVs, including the Dolphin, Seal, and Sea Lion 07.

Through the first 11 months of 2024, BYD sold nearly 3.76 million NEVs, including 1.56 million all-electric models. The promo comes as BYD is in a tight race with Tesla for the global EV sales crown for 2024.

BYD-free-insurance-EVs
BYD is giving free car insurance for select EVs in a new year-end promo (Source: BYD)

Through September, Tesla delivered 1.3 million EVs compared to BYD’s 1.17 million. Since Tesla doesn’t report monthly sales numbers, we will have to wait until the end-of-year numbers come out to determine who will take the EV sales crown in 2024.

BYD-Seagull-cheapest-EV
BYD Seagull (Source: BYD)

The Seagull EV, BYD’s cheapest electric car starting under $10,000, was once again China’s best-selling vehicle last month after topping the Tesla Model Y. BYD sold 56,156 Seagull EVs last month alone in China.

Although the global EV sales race between BYD and Tesla is heating up into the end of the year, the Chinese EV leader is quickly outselling some of the largest global automakers.

BYD sold more vehicles globally than Nissan and Honda in the third quarter, and it is now closing in on Ford.

FTC: We use income earning auto affiliate links. More.

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Sports

Sources: DeSean Jackson near deal to coach DSU

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Sources: DeSean Jackson near deal to coach DSU

Former Philadelphia Eagles star wide receiver DeSean Jackson and Delaware State are finalizing an agreement for him to become the program’s next head coach, sources told ESPN’s Pete Thamel on Thursday.

Jackson did an on-campus interview in recent days, and the sides are expected to come together to complete the deal in the near future. According to a source, it has always been a dream of Jackson’s to coach at a historically Black college or university (HBCU). That dream could be a reality in the near future.

The 38-year-old would replace Lee Hull, who was dismissed earlier this month after two disappointing seasons, including a 1-11 showing this year.

The news was first reported by Victory Formation Media.

Jackson, who officially retired as a member of the Eagles after the 2023 season, made the Pro Bowl in three of his eight seasons with the team. He became the first player in NFL history to earn Pro Bowl honors at two positions — kick returner and wide receiver. He played 15 years overall and had stints with the Los Angeles Rams, Washington, Tampa Bay, Baltimore and Las Vegas, but he is best known for the six-year run in Philadelphia at the start of his pro career.

In 95 career games with the Eagles, he ranks third all time in receiving yards (6,512), sixth in receptions (379) and ninth in receiving touchdowns (35). As a punt returner, he finished second in punt returns (132), third in punt return yards (1,296) and is tied for the team’s all-time lead in punt return touchdowns with four.

Information from The Associated Press was used in this report.

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The future of trust is onchain

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The future of trust is onchain

Onchain reputation could reshape trust in digital interactions.

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