The Illinois Supreme Court has affirmed a lower court decision and held that an insurer is obligated to defend a tanning salon that is being sued by a customer who claims the salon violated the Illinois Biometric Information Act. The case is W. Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc. 2021 IL 125978.

Klaudia Sekura purchased a membership from Krishna Schaumburg Tan Inc., giving her access to L.A. Tan's tanning salons. The membership required Sekura to provide Krishna with her fingerprints. Sekura filed a class-action lawsuit against Krishna alleging that Krishna violated the Act when it "systematically and automatically collected, used, stored, and disclosed their [customers'] biometric identifiers or biometric information without first obtaining the written release required by 740 ILCS 14/15(b)(3)." The complaint alleged that Krishna Tan systematically disclosed the Class's biometric identifiers and information to an out-of-state vendor. The complaint also alleged that Krishna Tan did not provide a publicly available retention schedule or guidelines for permanently destroying its customers' biometric identifiers and information as specified by the Act.

Sekura alleged that Krishna was unjustly enriched because it failed to comply with the Act, and that Krishna should not be able to keep the money Sekura paid, and that Krishna was negligent when it breached the duty of reasonable care by violating the Act.