EDWARDSVILLE - A class action lawsuit was filed against McAlister's Deli, alleging employees did not provide consent for the collection of biometric information by technology used to track their time at work.
Dylan Rushing, individually and on behalf of all similarly situated individuals, filed a lawsuit in the Madison County Circuit Court against Aggressive Developments of Missouri, LLC, McAlister's Franchisor SPV, LLC, and Focus Brands LLC, alleging violation of the Illinois Biometric Information Privacy Act (BIPA).
According to the lawsuit, BIPA defines a "biometric identifier" as any personal feature unique to an individual, including handprint, fingerprint and palm scans. Rushing claims that the defendants own and run a restaurant that uses biometric-enabled technology to capture, collect and disseminate biometric identifiers, which are used to track time at work. However, Rushing claims the defendants failed to obtain formal written consent of the employees.
Rushing claims the defendants failed to provide a disclosure or policy regarding the use of biometric-enabled technology for time tracking.
Rushing seeks injunctive and equitable relief, statutory damages of $5,000 for each willful and/or reckless violation of BIPA, $1,000 for each willful and/or reckless violation of BIPA, attorney's fees and court costs. Rushing is represented by Timothy P. Kingsbury of McGuire Law PC in Chicago.
Madison County Circuit Court case number 22-LA-000081