BENTON – Owners of ambulance provider Abbott EMS settled a potential class action over biometric privacy of fingerprints for $499,000 on Aug. 14.
U.S. District Judge Staci Yandle granted preliminary approval on Aug. 30.
The amount represents $1,000 for each employee who used time clocks at Abbott locations in Illinois since 2017.
However, employees won’t receive $1,000 each because the settlement amount includes legal fees and costs, which Yandle limited to 35%.
Former Abbott employee Amy Newton filed the suit in St. Clair County Circuit Court last year, alleging violations of state biometric privacy law.
Newton's counsel Brandon Wise and Paul Lesko of St. Louis claimed Abbott didn’t inform employees in writing that it captured, collected and stored her information.
Wise and Lesko claimed Abbott didn’t inform employees in writing of the specific purpose and length of term for which it collected, stored, and used the information.
They claimed Abbott didn’t obtain written consent as a condition of employment.
They defined the class as all persons who used a biometric clock while working for Abbott in Illinois in the applicable statutory period.
They sought statutory damages of $1,000 for each negligent violation and $5,000 for each reckless and intentional violation.
Abbott counsel Orly Henry of Chicago removed the case to district court, claiming the amount in controversy exceeded the $5 million maximum for state court jurisdiction.
Henry claimed Newton alleged five violations per class member.
He attached a declaration of Abbott human relations director Jennifer Buckner, stating its sole member is American Medical Response in Colorado.
She stated Abbott employed Newton from November 2020 to August 2021.
Abbott moved to stay proceedings in April, pending an Illinois Supreme Court decision in Mosby v. Ingalls Memorial Hospital.
Ingalls Memorial Hospital alleges the law bars recovery for health care workers.
Yandle granted a stay in May and ordered the parties to inform her of the Court’s decision.
The Justices hadn’t reached a decision by Aug. 14, but Newton and Abbott decided not to wait.
Adam Florek of Chicago, who appeared as counsel for Newton in May, filed the motion for preliminary approval of settlement.
Yandle set a Dec. 4 deadline for class members to exclude themselves or raise objections.
She set a final approval hearing for Jan. 18.