Rogers v. CSX Intermodal Terminals, Inc.

Truck driver Richard Rogers (plaintiff) regularly visited rail terminals operated by CSX Intermodal Terminals, Inc. (CSX) (defendant). CSX’s terminals required Rogers to scan his fingerprints to gain access. CSX collected and stored the fingerprint data and shared it with third-party technology vendors. Rogers sued CSX in state court on behalf of himself and a purported class, claiming that CSX violated Illinois’s Biometric Information Privacy Act (BIPA) by (1) collecting biometric information without obtaining consent, (2) failing to provide written notice of the specific purpose and duration of the information’s collection, storage, and usage, and (3) disseminating information without consent. Rogers’s complaint also alleged that CSX acted intentionally or recklessly and that he was therefore entitled to heightened statutory damages. After removing the case to federal court, CSX moved to dismiss Rogers’s claims. CSX argued that even if the facts in Rogers’s complaint were accepted as true, they were insufficient to establish facially plausible claims entitled to judicial relief. Specifically, CSX argued that Rogers was not an aggrieved person entitled to relief under BIPA because he knowingly and voluntarily scanned his fingerprints to gain access to CSX facilities. The district court considered CSX’s motion.