Salinas v. Arthur Schuman Midwest, LLC

In a putative class action under the Biometric Information Privacy Act, the circuit court granted summary judgment for the defendants, finding no basis to conclude that a violation occurred under the Act. On appeal, plaintiffs argued that summary judgment was not proper and that they should have been permitted discovery. The appellate court affirmed, finding that plaintiffs failed to identify a question of material fact because there was no evidence that the defendants collected or obtained biometric data through the use of time clocks and that the circuit court did not err when it denied discovery because no further discovery would have been helpful or useful. (HETTEL and HOLDRIDGE, concurring)