Energy Stars Heating & Cooling Co. is being sued by a former employee for violating the Illinois Biometric Information Privacy Act (BIPA).
According to the official court filing, the plaintiff, Bradley Johnson, worked for Energy Stars from 2017 to 2019. During the relevant period, the company implemented biometric scanning and time-tracking devices and technology to keep track of their employees' time spent working. As such, Johnson was required to provide biometric scans to Energy Stars each time he clocked in and out for work, which he did. However, Energy Stars allegedly never disclosed to Johnson that they were collecting, storing and using biometrics, as well as how long they were being stored for. Johnson also alleged that he never gave any written consent related to Energy Stars' data collection. Energy Stars also allegedly failed to publicly share any written biometric retention, storage or destruction policy. Johnson also accused Energy Stars of proving his biometric data to third parties, including vendors for timekeeping, data storage and payroll purposes, without his express consent.
Johnson's suit was presented on behalf of all individuals whose biometrics were collected, stored, used, transmitted and/or disseminated by or on behalf of Energy Stars. The company is being sued for two counts of violation of the Illinois Biometric Information Privacy Act. Johnson provided a prayer for relief requesting that the Court enter an Order that will do the following: certify the case as a class action; declare that Energy Stars violated BIPA and enter a judgment in favor of Johnson and the class; award relief deemed necessary to protect the interests of Johnson and the class; award reasonable legal fees; and award other relief deemed just by the Court.