Class action: Caputo's Fresh Markets broke law when made workers scan fingerprints for punch clock

By Noddy A. Fernandez | Sep 25, 2018

CHICAGO – Caputo's Fresh Markets has been added to the growing list of employers being sued in Cook County court for allegedly violating an Illinois biometrics privacy law when it required employees to scan their fingerprints for use with the company's employee punch clock.

On Sept. 14, Evan Krause, individually and on behalf of all others similarly situated, filed a complaint in Cook County Circuit Court against Caputo's New Farm Produce Inc., doing business as Caputo's Fresh Markets, and ADP LLC over alleged violation of the Illinois Biometric Information Privacy Act (BIPA).

According to the complaint, the plaintiff was employed by Caputo's as a maintenance director from 2010 to Sept. 4, 2018. The plaintiff alleges the defendants unlawfully collect, use and store his sensitive biometric data. The suit states that Caputo's employees are required to have their fingerprints scanned by a biometric timekeeping device and that the fingerprint data is improperly disclosed to ADP.

Caputo's operates a chain of seven supermarkets in Chicago's suburbs, under the name Angelo Caputo's Fresh Markets. 

The plaintiff alleges Caputo's fails to inform employees that their fingerprint data is disclosed to ADP and fails to inform employees of the purpose and duration it collects their biometric data.

The plaintiff holds Caputo's New Farm Produce Inc. and ADP LLC responsible because the defendants allegedly fail to comply with BIPA mandates.

The plaintiff requests a trial by jury and seeks judgment for statutory damages of $5,000 per violation, attorney fees, costs and pre- and post-judgment interest, and otherr relief. He is represented by attorneys Haley Jenkins, Ryan F. Stephan and James B. Zouras of the Chicago firm of Stephan Zouras LLP.

Circuit Court of Cook County Case number 18-CH-11660

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