Workers say suburban Burger King franchisee's punch clock system stores fingerprint scans without consent

By Noddy A. Fernandez | Nov 2, 2018

CHICAGO – A Downers Grove-based company that operates Burger King restaurants in Chicago's suburbs has been accused in a class action lawsuit of allegedly unlawfully collecting and storing its employees' fingerprints for use with its punch clocks to track employees' hours worked.

Joe Young, individually and on behalf of all others similarly situated, filed a complaint on Oct. 22 in Cook County Circuit Court against Tri City Foods Inc. and NCR Corp. for alleged violation of Illinois' Biometric Information Privacy Act.

According to the complaint, when employees first begin their employment at Tri City's restaurant, they are required to scan their fingerprints in its time clocks to be used a biometric tracking system as a means of authentication. The suit states Tri City is a franchisee of Burger King restaurants.

The plaintiff alleges Tri City disregards its employees' statutorily protected privacy rights and unlawfully collects, stores and uses their biometric data without their consent. The suit states NCR provides Tri City with the software and hardware for the time tracking services.

The plaintiff alleges the defendants failed to inform workers in writing of the specific purpose and length of term for which their fingerprint scans were being collected, stored and used.

The plaintiff requests a trial by jury and seeks award of statutory damages of $1,000 per violation, injunctive relief, litigation expenses, attorney fees, pre- and post-judgment interest, and such other and further relief as equity and justice may require. He is represented by J. Eli Wade-Scott of Edelson PC in Chicago.

Circuit Court of Cook County case number 18-CH-13114

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Circuit Court of Cook County Edelson, PC

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