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Monday, September 23, 2024

BIPA suit against Graphic Packaging International settles

Federal Court
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EAST ST. LOUIS - Jocelyn Roberts, who worked for maintenance contractor ABBCO of St. Louis at a Graphic Packaging International plant in Centralia, agreed to settle a class action claim that Graphic Packaging invaded biometric privacy.

Roberts and Graphic Packaging notified U. S. District Judge David Dugan of an agreement on Oct. 31, a day before the due date of a class certification motion.

Roberts sued Graphic Packaging in 2021, claiming it improperly collected and stored his hand print which he used to clock in and out.

Roberts' counsel, William Sweetnam of Chicago, claimed Graphic violated Illinois privacy law by failing to obtain consent and failing to publish policies on retention and destruction of data.

Sweetnam sought $1,000 for each negligent violation and $5,000 for each intentional violation.

He defined the class as all Illinois residents whose handprint Graphic Packaging collected or stored.

In addition to Centralia, Graphic Packaging owns facilities at Carol Stream, Chicago, Elgin, Elk Grove Village and Shelbyville.

Dugan stayed the action while the Illinois Supreme Court deliberated whether a penalty applies once for each worker or each time a worker clocks in and out.

The Supreme Court ruled in March that a penalty applies to every scan.

Dugan lifted the stay, set bench trial for next July, and directed Roberts to move for class certification by Nov. 1.

Roberts settled instead.

Roberts and Graphic Packaging stated they needed to identify addresses for the settlement class, which includes individuals who aren’t Graphic Packaging employees.

Dugan gave them 60 days to finalize the agreement. 

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