Xanitos employee alleges company violated BIPA with biometric time tracking system

By Jenie Mallari-Torres | Nov 7, 2018

CHICAGO – A management company that provides services to hospitals is alleged to have unlawfully collected employee's fingerprints for use in its employee punch clocks.

Christopher Byczek filed a complaint individually and on behalf of all others similarly situated on Oct. 19 in Cook County Circuit Court against Xanitos Inc., citing the Biometric Information Privacy Act.

According to the complaint, the defendant's employees are required to scan their fingerprint in its biometric time tracking system. The plaintiff alleges the defendant unlawfully collects, stores and uses employees' biometric data in violation of the BIPA, because the defendant allegedly failed to inform the plaintiff and class members in writing of the purpose and length of time their fingerprints were collected, failed to provide a publicly available retention schedule and failed to receive a written release from the plaintiff to collect and capture fingerprints.

The plaintiff requests a trial by jury and seeks judgment against the defendant, to certify the case as a class action, declaratory and injunctive relief, litigation expenses and attorney fees, interest and further relief. He is represented by Benjamin H. Richman and J. Eli Wade-Scott of Edelson PC in Chicago, and David Fish and John Kunze of The Fish Law Firm PC in Naperville.

Cook County Circuit Court case number 18-CH-13064

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Circuit Court of Cook County Edelson PC

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