BENTON - Missouri lawyers Jason Brown and Jayson Watkins filed two biometric privacy invasion suits in three days at U.S. district court, one against Kraft Heinz and one against a local group of McDonald’s restaurants.
Both suits proposed class actions for employees who clocked in and out with fingerprints.
Brown and Watkins, who practice in Gower near Kansas City, sued Kraft Heinz on behalf of Wilsonville resident Jason Darnell on Nov. 6.
They claimed Kraft Heinz unlawfully collected, stored and used biometric data in violation of the Illinois Biometric Information Privacy Act.
The Act provides a penalty of $1,000 for each negligent violation and $5,000 for each intentional and reckless violation, with each fingerprint scan counting as a violation.
Brown and Watkins claimed Kraft Heinz didn’t inform Darnell in writing of the specific purpose and length of time for which it collected, stored and used their fingerprints.
They claimed Kraft Heinz didn’t receive a written release from Darnell to collect, store, or use his fingerprints.
They also claimed Kraft Heinz didn’t obtain consent from Darnell to disclose or disseminate his fingerprints to a third party.
Brown and Watkins alleged that Darnell’s claims arose in Illinois, but they failed to state where he worked.
Online sources show Kraft Heinz produces Capri Sun on Missouri Avenue in Granite City.
Brown and Watkins claimed Darnell began working for Kraft Heinz in or about June 2022.
They claimed he wouldn’t have provided Kraft Heinz with the ability to collect or capture his biometric information if he had known Kraft Heinz didn’t comply with applicable law.
They proposed to represent all individuals who were subjects of instances in which Kraft Heinz collected or captured information from Nov. 6, 2018, through the conclusion of the case.
The court clerk randomly assigned Magistrate Judge Reona Daly, who will preside unless a party declines consent to magistrate jurisdiction.
If that happens the clerk will assign a district judge.
On Nov. 9, Brown and Watkins filed a similar suit for Cahokia Heights resident Antonya Wren against Estel Foods of Granite City.
James Estel Williams Jr. owns the business.
They claimed Estel Foods operates a number of McDonald’s franchises in Illinois.
They alleged Wren’s claims arose in Illinois, but again they didn’t state where she worked.
Brown and Watkins claimed Wren started working for Estel Foods in 2019.
They claimed she wouldn’t have provided Estel Foods with the ability to collect or capture her biometric information if she had known Estel Foods didn’t comply with applicable law.
The clerk hadn’t assigned a judge as of Nov. 10.