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Tuesday, May 7, 2024

Class action alleges St. Paul's Senior Community violates BIPA with fingerprint reader system

Lawsuits
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BIPA requires that prior to collecting biometric data including fingerprints, companies must inform employees in writing that biometric data will be collected and stored. | ar130405 | Pixabay

BELLEVILLE – A class action lawsuit alleges St. Paul's Senior Community violates employees' privacy under state law by requiring them to use a fingerprint reader system to clock in and out of work.

Plaintiff Scotti Welp filed a class action lawsuit in the St. Clair County Circuit Court against St. Paul's Senior Community, LLC., citing invasion of privacy, negligence and carelessness in violation of the Illinois Biometric Information Privacy Act (BIPA).

According to the lawsuit, Welp is a former employee of St. Paul's Senior assisted living community. He alleges that during his employment, he 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, such as 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 why the biometric data is being collected and how long it will be stored. Companies must also receive a written release from the employee for the collection of biometric data.

Welp alleges the defendant invades the privacy of its employees by collecting and storing their fingerprints without informed consent. He claims the company never received a release from him allowing the collection of his fingerprints, and he never authorized the company to collect his fingerprints for this use. 

The plaintiff is seeking monetary damages for himself and the proposed class, plus court costs, interest, attorney fees and any other relief the court deems proper. He is also asking the court to issue an order requiring the defendant to cease the collection of biometric data without informed written consent. 

The plaintiff is represented by attorney Mark Hammervold of Hammervold Law, LLC in Elmhurst. 

St. Clair County Circuit Court case number 23LA0558

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