Welcome to the Information Website for the Rogers v. BNSF Railway Company.

If you are an individual who visited a BNSF Railway Company (“BNSF”) railyard in Illinois between April 4, 2014, and January 25, 2020, and provided your fingerprint for identification verification, a class action lawsuit may affect your rights.

This class action alleges BNSF captured, collected, received through trade, or otherwise obtained the biometrics of individuals who visited its Illinois facilities without receiving informed written consent from those individuals. Plaintiff, a truck driver, claims that BNSF required him to submit his fingerprint biometrics in order to gain access to BNSF’s facilities in Illinois while he was delivering or picking up loads of freight. Plaintiff alleges that this practice of obtaining biometrics without informed written consent violated the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/et seq., and that Certified Class Members are entitled to recover statutory damages in the amount of $1,000 per negligent violation, in addition to other nonmonetary relief. BNSF denies these allegations.


A Summary of Your Rights and Options
Do Nothing

Stay in this class action. Await the outcome.

By doing nothing, you will remain a member of the class. You will have the possibility of getting money or benefits that may come from a trial or a settlement. However, you give up your right to sue BNSF separately about the same issues in this class action and will be bound by any judgment. If you stay in the class action, you will not be responsible for any legal fees or costs, although the trial court may award fees and costs to class counsel to be paid from any recovery from Defendant. You do not need to do anything to stay in this class action.
Intervene

Hire your own lawyer to represent you in this class action.

If you wish to participate in the lawsuit through your own lawyer, you may do so. Your lawyer will need to enter an appearance in the lawsuit. You will be responsible for your own lawyer’s fees and costs.
Ask to be Excluded

Get out of this class action. Get no benefits but keep your right to bring a separate lawsuit.

If you ask to be excluded, you will not be able to share in any money or benefits that are later awarded. However, you will keep any rights to sue BNSF separately about the same issues in this class action. If you choose to sue BNSF separately, you will be responsible for your own lawyer’s fees and costs.

These rights and options—and the deadlines to exercise them—are explained on this website. Your legal rights are affected whether you act or don’t act. Read the Frequently Asked Questions carefully.

Current Status

On June 30, 2023, the Court vacated the entry of judgment against BNSF. The Court maintained the jury's finding that BNSF recklessly or intentionally violated the Biometric Information Privacy Act, but ordered a new trial solely for the determination of damages. The new trial is scheduled to begin on October 2, 2023.