Patronscan Collected, Stored Illinois Consumers’ Biometric Data Without Consent, Class Action Says

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A proposed class action lawsuit claims the maker of ID-scanning software Patronscan has unlawfully captured, stored, shared and profited from Illinois residents’ biometric data, including facial scans.

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The 27-page lawsuit says that Servall Biometrics, which does business as Patronscan, Inc., has violated Illinois’ Biometric Information Privacy Act (BIPA) in a “particularly Orwellian manner” by capturing, storing and disseminating to third parties consumers’ biometric information without first providing written notice and obtaining consent. The suit also claims the company has breached the BIPA by profiting from the stored data and failing to provide details on how long the information will be retained and when it will be destroyed.

According to the case, Patronscan directly advertises its ID- and face-scanning equipment and software to businesses such as bars, nightclubs, dispensaries, car dealerships, property managers, retailers, financial institutions and more.

Before entering a venue that uses Patronscan equipment, a consumer’s ID is scanned into the Patronscan portal, which uploads the ID to the software program before taking a photograph of the individual with the camera attached to the device, the complaint explains. The picture is uploaded to the software as well, which scans the consumer’s facial geometry and verifies his or her identity “in seconds,” the filing says.

In the process, the company—whose “core business practice directly contravenes the letter and purpose of [the] BIPA”—captures and stores in its database consumers’ names, dates of birth, photos, genders and zip codes, the lawsuit contends.

However, aside from ID verification, Patronscan software also allows its client businesses to “flag” individuals as “troublemakers” or mark them as VIPs, the suit relays. Per the case, the defendant reportedly hosts a database of consumers that retains the information of more than 50,000 people who have been “flagged” for various criminal activity and others marked for special treatment as VIPs. When scanning IDs at a venue, the devices run each individual’s biometrics through its database and display an “accepted” message for consumers whose identities are verified, notify venue personnel of a VIP, or show a “flagged” alert for “troublemakers” that can then be turned away at the door, the complaint summarizes.

By storing consumers’ biometric information in its database, Patronscan also allows businesses to go back through the data later and “flag” individuals after an event or even share consumers’ biometric data with law enforcement agencies, the filing states. The defendant markets this service as a “bouncer that never forgets a face,” the lawsuit adds.

The plaintiff, an Illinois resident, attended a concert in Chicago in January 2023, and before entry, her facial geometry and driver’s license were scanned by a Patronscan device, the suit says. The woman was provided with no written notice and did not give her consent to the capture and use of her biometric data by the company, the case claims.

The lawsuit looks to represent anyone whose biometric information was obtained, used or stored in Illinois by Patronscan, Inc. since March 24, 2018.

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