Illinois
Eye On Illinois: Walgreens debit card receipt at center of larger legal question
When is a crime a crime: When a law is broken? When the act is proven? When there is a victim? These and other big picture questions loom over a case heading to the Illinois Supreme Court.
The litigation in question exemplifies how one person’s concerns can balloon until they influence or alter statewide policy. The root incident was a March 2019 receipt from a Walgreens store in Phoenix, Arizona, that included the first six and final four digits of a customer’s reloadable purchase card, allegedly violating the Fair and Accurate Credit Transactions Act.
According to the complaint filed later that year in Lake County, where Walgreens has corporate headquarters, all similarly situated customers should be able to join a class action accusing the retail pharmacy giant of jeopardizing the security of personal financial information. But Walgreens argued the customer wasn’t legally harmed: there was no identify theft. Furthermore, it contended, a reloadable purchase card isn’t linked to personal bank or credit cards.
The customer’s lawyers said the Illinois Supreme Court has already ruled – twice – a technical violation is all that’s needed for a lawsuit to proceed. Except instead of card receipts, the subject was personal identifiers as covered under the Biometric Information Privacy Act. The court’s first such decision, in a lawsuit regarding the fingerprint scanners at Six Flags Great America, hinged on a ruling plaintiffs had to show the company acted outside the letter of the law.
Many millions of dollars are at stake. While any legal proceedings can get caught up in technicalities, the macro issues warrant discussion, and perhaps eventually General Assembly intervention.
Think about your car: Park it in a fire lane and a ticket is possible, regardless of whether a big red truck needed the spot. Same thing for rolling through a stop sign. It doesn’t matter if there are any safety implications. The sign says stop, so you have to stop. Of course, in order to be on the hook for those fines, the right agent of the state has to observe the infraction. Otherwise, no crime was committed – at least not as far as your permanent record shows.
When lawmakers enacted BIPA, they intended civil litigation to be the enforcement mechanism. That’s different from a lot of federal legislation where a specific agency is empowered to seek violations and pursue punishment. Think of the Federal Trade or Securities and Exchange commissions, or the Consumer Financial Protection Bureau. All have significant subject-area powers and, not coincidentally, are recently under increased U.S. Supreme Court scrutiny.
Which courts hear BIPA proceedings has been vital, and FACTA lawsuits appear to be similarly particular. However, the Walgreens case resolves, the larger discussions seem ripe for legislative response.
• Scott T. Holland writes about state government issues for Shaw Media. Follow him on Twitter @sth749. He can be reached at sholland@shawmedia.com.
Illinois
'Our world has been shattered': Family of fallen Illinois trooper speaks out after fatal I-55 crash
WILL COUNTY, Ill. – The family of Illinois State Trooper Clay Carns, who was struck and killed on I-55 near Channahon just before Christmas, has expressed gratitude for the support they’ve received during this tragic time.
Carns died Monday night after being hit by a vehicle while removing debris from the expressway.
On Saturday, his family issued the following statement:
Pictured is Trooper Carns with his two children, Ally and Gray, and wife Meghan. (Illinois State Police)
“The Family of Trooper Clay Carns mourn the loss of their treasured husband, father, son, brother, uncle, and friend. We could never begin to thank law enforcement nor the thousands from our community who have reached out to us to express their love and support.
“To the public, Clay became a hero on December 23, 2024, when he was killed in the line of duty. To his family, he has always been a hero.
“Our world has been shattered, and we will never be the same. But we take comfort in knowing that he lived his life with such purpose, he loved his family and friends fiercely, and he took great pride in his work.”
What happened
The crash occurred on Monday, Dec. 23 – the very same day that was designated as “Scott’s Law Day” in Illinois, which reminds driver’s to move over and slow down when approaching emergency vehicles.
At around 10 p.m., Carns was clearing debris from the southbound lanes of I-55 near Channahon when he was struck by a vehicle.
He was transported to Ascension Saint Joseph Medical Center in Joliet, where he later died.
The driver, identified as 69-year-old John Fleet of Wilmington, was arrested and charged with a felony violation of Scott’s Law.
ISP arrested John Fleet, 69, of Wilmington, after the crash.
Trooper Carns served with the Illinois State Police for 11 years. He was a married father of two young children.
Funeral services announced
Services for Trooper Carns will be held at Parkview Christian Church, located at 11100 Orland Parkway in Orland Park.
- Visitation: Thursday, Jan. 2, from 1 p.m. to 8 p.m., with a first responder walkthrough at 6 p.m.
- Funeral Service: Friday, Jan. 3, at 10 a.m., followed by a private interment.
How to support the family
A GoFundMe campaign has raised over $195,000 as of Saturday for Trooper Carns’ family.
The fund has a goal of raising $250,000 and has received 2,000 donations so far.
To learn more about the campaign, click here.
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Illinois
With so many moving parts, the Illinois basketball team hires a general manager
The Illinois basketball team is in the middle of a huge season for the program, as this squad is poised for great heights.
Despite dropping two out of the last four contests, the Illini find themselves back in the AP Top 25 at No. 24 in the nation. This ranking is impressive considering we are only 8-3 overall. The three losses aren’t bad, and Illinois has also beaten a good Missouri program and ranked Arkansas and Wisconsin squads.
While Brad Underwood is trying to develop talent and lead this team to the promised land, there is clearly a need for continuous program development on and off the court. On Friday night, the Illini “front office” got a little stronger.
According to NBA reporter Jake Fischer, Illinois is hiring Neel Ganta as the new general manager for the program. The Illini managed to snag him away from the Denver Nuggets front office.
Neel Ganta should have an expansive role as the general manager of the Illinois basketball team
Ganta’s roots are actually with the Illini. He was a basketball analyst for the Illini from May 2019 to August 2020. After that, he moved into a graduate assistant role with the program from August 2020 to August 2021.
After his time with the Orange and Blue, Ganta then took a player development coordinator role with the Grand Rapids Gold, the G-League team of the Denver Nuggets. He then parlayed that position into multiple roles with the Nuggets, which ended with him being a pro scout.
Illinois is now bringing back Ganta, but what does the general manager title do for a college basketball team?
Well, this is the same situation that ESPN NBA insider Adrian Wojnarowski took with St. Bonaventure just months ago.
In the description of what Wojnarowski does for the Bonnies, it includes name, image, and likeness opportunities. This is huge in the college game today. It also sounds like Wojnarowski is the front face for the program when it comes to collectives.
This is what I imagine Ganta will do for the Orange and Blue. He will be out there wheeling and dealing. Ganta will likely be the one who brings in the money to help pay for the athletes to come to Illinois.
I like this addition to the Illinois basketball program. We needed someone out there bringing in the money so the coaching staff can focus on recruiting and on court issues.
Illinois
Police identify 2 men killed in Springfield Township crash
SPRINGFIELD TOWNSHIP, Ohio (WXIX) – Two men died in a Springfield Township crash Thursday afternoon, according to police.
On Dec 26 at 4:30 p.m., Springfield Police and Fire responded to the 9600 block of Daly Road for an auto crash, police say.
According to police, witnesses at the scene said they saw a head-on collision between a gray Toyota Sienna and a black Mercedes SUV.
Police say when they arrived on scene, the Toyota Sienna was on fire and both drivers had to be pulled from their vehicles.
The driver of the Mercedes SUV was identified as 55-year-old Jim Schneider from Cincinnati, who was pronounced dead at the scene according to a press release.
The driver of the Toyota Sienna was identified as 41-year-old Christopher Larkins from Springfield Township, the release says.
Police say Larkins was transported to UC Medical Center where he was later pronounced dead.
According to the Springfield Township Traffic Safety Investigators, it is believed that Larkins lost control of his vehicle going around a curve and drove left of center, hitting Schneider’s vehicle head-on.
Neither of the drivers is believed to have worn a seatbelt.
Officials believe speed was a factor and are working with the Hamilton County Coroner’s Office to determine impairment with a toxicology report.
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