Facial Recognition Tech Suit Against Cubs Dismissed

A proposed class action lawsuit against the Cubs claiming the team unlawfully used facial recognition technology has been voluntarily dismissed by the plaintiffs.

Two Illinois residents filed lawsuits against the Cubs and operators Blue Star Security and Protos Security last month. They claimed cameras at Wrigley Field improperly used facial recognition technology to capture fans’ biometric data without their awareness or consent. In Illinois, it’s against state law to obtain this kind of data without permission.

Shortly after the suits were filed and consolidated, the Cubs told Front Office Sports that they don’t use facial recognition or biometric technology for fans or staff. “We will vigorously defend ourselves against these claims,” team spokesperson Jennifer Martinez-Roth said in a statement.

Last week, the spectators appear to have given up their fight. Their attorney, Blake Yagman, filed a notice of voluntary dismissal for the consolidated suit on Oct. 7. The case was dismissed without prejudice, meaning the spectators could refile at a later date if they choose, and each side is handling their own costs and legal fees.

(Editor’s note: In 2018, Yagman wrote several articles on sports law for Front Office Sports.)

The plaintiffs’ arguments relied heavily on an article from Blue Star Security’s website that said the company operates at Wrigley Field and uses facial recognition software, though did not explicitly say it employs those tactics at the ballpark. The language in the article has since been softened to say that technology “may be utilized” when it is “permitted by law.” The suit also included a photo of facial-ID scanners in an employee-only area found in a 2021 article that Martinez-Roth said are no longer at the stadium. The filing said the “secret and self-concealing” tactics violate state and federal laws, and the damages total more than $5 million.

Yagman and Martinez-Roth did not immediately respond to requests for comment on Wednesday.