EDWARDSVILLE - Papa John's employees claim their biometric information was collected and stored without their consent.
Victoria McLain filed a class action lawsuit on March 1 in the Madison County Circuit Court against Papa John’s International Inc. and Papa John’s USA, Inc., alleging violation of the Illinois Biometric Information Privacy Act.
According to the lawsuit, McLain has brought the suit against Papa John's for violations of the Illinois Biometric Information Privacy Act. She alleges the defendants obtained personal biometric information from its employees without employee knowledge or written consent.
Biometric information includes handprints, fingerprints and facial geometry biologically specific to a person for identification. According to the Illinois Biometric Information Privacy Act, a person/entity is not allowed to possess an individual's biometrics without first having consent in writing, a written release and knowledge made publicly available when the information is permanently destroyed.
McLain claims that while working at Papa John's, her biometric information, along with others, was captured, collected, stored and used without first being informed, requested or given consent to obtain. She claims the taking of biometric information from employees is a common practice at Papa John's and the information is used for timekeeping purposes. McLain alleges Papa John's willingly and knowingly violated the Privacy Act by obtaining this information without written consent or knowledge of employees and then storing it and using it.
McLain seeks injunctive and equitable relief as necessary to protect the interest of places and class by requiring defendants to comply with the privacy act; statutory damages of $5,000 for each willful and reckless violation of the privacy act; statutory damages of $1,000 for each negligent violation of the privacy act; cost of suit; other litigation expenses; pre- and post-judgment interest and attorney fees. She is represented by Andrew T. Heldut of Chicago.
Madison County Circuit Court case number 22-LA-000278