Steak N’ Shake Kiosks Violate BIPA

By | September 5, 2024
facial recognition kiosk

Last Updated on September 5, 2024 by Craig Allen Keefner

Facial Recognition has its Drawbacks in Kiosks

From FindBiometrics.

Here are the key points from the page:

  • Lawsuit: Steak ‘n Shake is being sued for allegedly violating Illinois’ Biometric Information Privacy Act (BIPA) by collecting and storing customers’ facial biometrics without proper consent.
  • BIPA Amendment: A recent amendment to BIPA reduces potential liability for businesses by counting multiple collections of the same biometric identifier as a single violation.
  • Damages Sought: The plaintiff seeks damages of up to $5,000 per violation and certification of a class action for affected customers.
  • References: The page includes related news about other companies facing BIPA lawsuits and updates on biometric privacy regulations.

Excerpt:

Introduced in 2024, the kiosks use facial recognition technology to streamline customer orders and track loyalty rewards. Massel alleges that Steak ‘n Shake failed to provide adequate notice or written consent as required under BIPA, raising concerns about data security and privacy.


Legal actions related to facial recognition technology are becoming increasingly common, especially as more states enact privacy laws. For example, Illinois’ Biometric Information Privacy Act (BIPA) has led to numerous lawsuits against companies like Facebook, Google, and Vimeo for allegedly mishandling biometric data.

The frequency of these legal actions is rising as awareness and regulation of biometric privacy grow. States like California and Oregon have also implemented laws to limit the use of facial recognition by law enforcement1. This trend suggests that as facial recognition technology becomes more widespread, the number of related legal actions is likely to increase.

Reference: findbiometrics.com

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Author: Craig Allen Keefner

Craig Allen Keefner is an industry analyst, content strategist, and longtime authority on self-service kiosks, digital signage, unattended payment systems, and interactive technology. He manages content and industry strategy for Kiosk Industry and The Industry Group, with a focus on kiosk software, hardware-software integration, accessibility, payment compliance, healthcare kiosks, restaurant self-service, and emerging AI automation. Craig has covered the self-service and kiosk industry since the 1990s, tracking how public-facing terminals move from concept to field deployment. His work combines industry research, vendor analysis, operator conversations, standards tracking, trade show coverage, and practical experience with the real-world constraints of kiosk deployments. https://www.linkedin.com/in/kiosk