CHICAGO — UPDATE: This lawsuit was voluntarily dismissed by agreement on May 25, 2018, according to the online court docket maintained by the Cook County Circuit Court Clerk's office.
A woman has filed a class action lawsuit against Andy Frain Services Inc. and Andy Frain Security Inc. for alleged breach of contract, fraudulent inducement, invasion of privacy, negligence and violations of the Illinois Biometric Information Privacy Act (BIPA).
Jacquette Smith filed a complaint on April 11 in Cook County Circuit Court, alleging that the defendants captured and stored her biometric data without consent when it scanned and stored her fingerprints, and those of other workers, for use with tracking employee work hours on company punch clocks.
According to the complaint, the plaintiff alleges that she has suffered mental anguish, anxiety and invasion of privacy.
The plaintiff requests a trial by jury and seeks judgment against the defendants, class action certification and the appointment of a class representative and counsel. Additionally, the plaintiff seeks declaratory, injunctive and equitable relief; statutory damages of $5,000 for each willful or reckless violation of BIPA; $1,000 for each negligent violation of BIPA; monetary damages; attorneys' fees; costs; and any further litigation expenses, interest and relief the court deems just. The plaintiff is represented by Myles McGuire, William P. Kingston and Jad Sheikali of McGuire Law PC in Chicago.
Cook County Circuit Court case number 18-CH-04719