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MADISON - ST. CLAIR RECORD

Monday, May 6, 2024

Employees allege Lutheran Senior Services violates BIPA

Lawsuits
Billmudge

Mudge

EDWARDSVILLE - Lutheran Senior Services is being sued by employees for allegedly collecting biometric information through fingerprint scans. 

Tamara Moore, on behalf of herself and other persons similarly situated, filed a class-action complaint on Dec. 14 in the Madison County Circuit Court against Lutheran Senior Services, seeking damages and injunctive relief due to violations of the Illinois Biometric Information Privacy Act (BIPA).

According to the lawsuit, Moore worked for Lutheran Senior Services in 2018. As part of employment, the defendant required certain employees to scan their fingerprints in order to clock in and out. Moore claims the defendant recorded and stored the biometric data with personally identifying information, including name and address. Moore alleges the defendant did not obtain written consent from employees to record, collect, obtain or store biometric data. 

Moore alleges the recording, collecting and storing of an employee's data without written consent is a direct violation of BIPA and puts current and former employees at risk of having their personal data hacked in the instance of a privacy breach. 

Moore seeks a declaration that the defendant is in violation of BIPA, statutory damages of $5,000 per each reckless violation, $1,000 per each negligent violation, injunctive and equitable relief, punitive damages, attorney's fees and costs of suit. Moore is represented by Roberto Luis Costales of Beaumont Costales LLC in Chicago. 

Madison County Circuit Court case number 21-L-001506

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