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MADISON - ST. CLAIR RECORD

Tuesday, November 5, 2024

Suit alleges adult nightclub illegally collected employees' fingerprint scans

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BELLEVILLE — A former adult nightclub employee claims Kappa Men's Club and Scarletts violated state law relating to its requirement that employees use a fingerprint scan to clock in and out of work.  

Michael Chaney, individually and on behalf of all others similarly situated, filed a complaint  Sept. 24 in the St. Clair County Circuit Court against RCI Dining Services (KAPPA) Inc., doing business as Kappa Men's Club and Scarletts, alleging violation of Illinois' Biometric Information Privacy Act (BIPA). 

According to the complaint, Chaney worked for the defendants and was required to "clock-in and clock out" on a time clock that used the employees' fingerprint scan. Chaney alleges in the class action that he was never informed about the purpose or amount of time his biometric data would be collected and stored. He also alleges he never gave written permission for the defendants to collect and store his fingerprint data and was never told if his data would ever be permanently deleted. 

Chaney claims employees were also not told who was storing their data or where their data was being stored and how it was being used. Chaney claims he and other employees have been "repeatedly" exposed to "risks and harmful conditions" due to the collection of their biometric data in violation of the state's BIPA. 

Chaney and the putative class seek monetary relief, interest and all other appropriate relief. They are represented by Brandon Wise and Paul Lesko of Peiffer Wolf Carr Kane & Conway APLC in St. Louis. 

St. Clair County Circuit Court case number 20-L-0734

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