EAST ST. LOUIS – A Raleigh woman has filed a class action lawsuit alleging the employee fingerprint reader system used by many fast food restaurants violates the employees' privacy under state law.
Plaintiff D'Lisa Williams filed a class action lawsuit in the U.S. District Court for the Southern District of Illinois against JRN, Inc., citing invasion of privacy in violation of the Illinois Biometric Information Privacy Act. (BIPA)
According to the lawsuit, JRN operates franchises including Taco Bell, Kentucky Fried Chicken, and Pizza Hut in the Southeastern and Midwest areas of the U.S. The plaintiff is a former employee of JRN and worked for the company between approximately 2015 or 2016 until April 2021. She also states that during those years of employment, she was required to use a fingerprint reader system to clock in and out of work.
The lawsuit states that BIPA requires that prior to collecting biometric data including fingerprints, companies must inform employees in writing that biometric data will be collected and stored. It also states that employees must be informed in writing of the specific purpose of why the biometric data is being collected, how long it will be stored, and companies must receive a written release from the employee for the collection of biometric data.
The plaintiff alleges the company invades the privacy of its employees by collecting and storing their fingerprints without informed consent. According to her, JRN has been requiring employees to use a fingerprint reader to clock in and out of work for years, the company never received a release from her allowing them to collect her fingerprints and she never authorized the company to collect her fingerprints for this use.
Williams is seeking damages for herself and everyone in her class action lawsuit in the amount of $5,000 per intentionally reckless BIPA violation and $1,000 per negligent BIPA violation, plus court costs, attorney fees and any other relief the court deems proper. She is also requesting the court to issue an order to JRN to cease the collection of biometric data without informed written consent.
She is represented by the attorneys of Woodrow and Peluso, LLC in Denver, CO.
U.S. District Court for the Southern District of Illinois case number CV-01253-NJR