Chicago Cubs hit with class action lawsuit for collecting fans’ facial recognition data without consent

Chicago Cubs class action lawsuit overview:

• Who: Plaintiff Gabriel Berta filed a class action lawsuit against Blue Star Security LLC, Security Services Holdings LLC, doing business as Protos Security, and Chicago Cubs Baseball Club LLC.
• Why: Berta claims the Chicago Cubs unlawfully collected and used his and other fans’ biometric data without their consent.
• Where: The Chicago Cubs class action lawsuit was filed in Illinois federal court.

A new class action lawsuit accuses the Chicago Cubs of unlawfully collecting and using fans’ biometric data without their consent at Wrigley Field.

Plaintiff Gabriel Berta claims the Chicago Cubs used facial recognition technology to collect biometric identifiers and information from fans attending games at Wrigley Field. Berta argues the Cubs failed to obtain informed written consent from fans before collecting this data, in violation of Illinois’ Biometric Information Privacy Act (BIPA).

Berta argues the Cubs contracted with Blue Star Security and Protos Security to collect facial recognition templates from fans at Wrigley Field using Protos’ proprietary facial recognition software. The Cubs allegedly used this biometric data to identify fans through biometric processing systems.

“Biometric data is particularly sensitive personal information,” the Chicago Cubs class action lawsuit says. “Once compromised, the individual has no recourse, is at heightened risk for identity theft and is likely to withdraw from biometric-facilitated transactions.”

Chicago Cubs allegedly failed to inform fans about data collection

Berta claims the Cubs failed to inform fans in writing that their biometric data was being collected or provide them with data retention and destruction policies. He argues the team never obtained written consent from fans regarding its biometric data practices.

The Chicago Cubs class action lawsuit alleges the team violated BIPA by failing to inform fans about the collection and use of their biometric data, obtain written consent and provide a publicly available policy for the retention and destruction of biometric data.

Berta wants to represent a class of individuals who had their biometric data collected, captured, received, obtained, stored, sold, leased, traded, disclosed, redisclosed, disseminated and/or otherwise profited from and/or used by the defendants without their consent.

The class action lawsuit asserts claims for violations of BIPA and the Illinois Consumer Fraud Act and unjust enrichment.

Berta seeks actual damages, restitution, statutory damages, disgorgement of profit, reasonable costs and attorneys’ fees, pre- and post-judgment interest and injunctive relief.

Meanwhile, Speedway has agreed to pay more than $12 million to settle claims it violated Illinois privacy laws by requiring employees to scan their fingerprints to clock in and out of work.

What do you think of the allegations made in this Chicago Cubs class action lawsuit? Join the discussion in the comments!

The plaintiff is represented by Blake Hunter Yagman of Spiro Harrison & Nelson LLC.

The Chicago Cubs class action lawsuit is Berta v. Blue Star Security LLC, et al., Case No. 1:25-cv-11138, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

Read About More Class Action Lawsuits & Class Action Settlements:

• Apple class action claims gift cards are unsecured, susceptible to fraud
• Class action claims Vineyard Vines violated state law with false sale subject lines
• FinWise Bank data breach affects 689K customers
• Anker recalls power banks due to fire and burn hazards