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Monday, September 9, 2024

BIPA class action alleges Subway collected, stored employee fingerprint scans

Lawsuits

BELLEVILLE — A Subway employee claims the restaurant chain violated the Illinois Biometric Information Privacy Act by collecting and storing employees' fingerprint scans. 

Robert Slone, on behalf of himself and all others similarly situated, filed a complaint Dec. 22 in the St. Clair County Circuit Court against Doctors Associates LLC, Franchise World Headquarters LLC and Subway Franchisee Advertising Fund Trust LTD, doing business as Subway, alleging violation of the Illinois Biometric Information Privacy Act. 

According to the class action, Slone worked for Subway at its facility in Fairview Heights from June 2016 through September 2016. He claims he was required to use his fingerprint to clock in and out of work and that his fingerprint scan was stored in Subway's data base. 

Slone claims he did not agree to or give permission, either verbally or in writing, for Subway to collect his biometric information. He further alleges he was not given information or a "retention schedule" or guidelines on how or when his biometric information would be destroyed. Slone claims Subway's collection and storage of employee's fingerprint scans is in violation of the Illinois Biometric Information Act. 

Slone and the proposed class seek monetary relief, trial by jury. and all other just relief. They are represented by Carl Malmstrom of Wolf Haldenstein Adler Freeman & Herz LLC in Chicago. 

St. Clair County Circuit Court case number 20-L-1014

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