Wendy's sued by workers who claim broke law when scanned fingerprints for use with punch clock

By Cook County Record | Sep 24, 2018

CHICAGO — Fast food chain Wendy's is among the latest businesses operating in Illinois to be sued by workers for allegedly violating workers' rights under an Illinois biometrics privacy law by scanning employee fingerprints for use with its employee punch clock systems.

On Sept. 11, plaintiffs Martinique Owens and Amelia Garcia filed a class action lawsuit in Cook County Circuit Court on behalf of themselves and all others similarly situated, alleging Wendy's International Corp. violated the Illinois Biometric Information Privacy Act (BIPA).

According to the complaint, the plaintiffs allege Wendy's policies constituted unlawful collection and storage of their biometric data, compromising employees' personal data, and exposing them to the risk of identify theft and unauthorized tracking.

The plaintiffs allege Wendy's failed to inform workers in writing of the specific purpose and length of time for which their fingerprints were being collected, stored, and used.

The plaintiffs request a trial by jury and ask the judge to certify their lawsuit as a class action, and award them statutory damages, attorney fees and other relief. 

They are represented by attorneys Benjamin H. Richman and J. Eli Wade-Scott of Edelson PC in Chicago and David Fish and John Kunze of the Fish Law Firm in Naperville.

Cook County Circuit Court Case number 18-CH-11423

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Circuit Court of Cook County Edelson PC Wendy's International Inc.

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