CHICAGO – A fuel delivery driver has filed a class action lawsuit against his employer under an Illinois privacy law, claiming the company didn't obtain written consent before scanning his fingerprints for use with its punch clock system.
Michael Marzec filed a complaint on behalf of himself and all others similarly situated on Nov. 13 in Cook County Circuit Court against RelaDyne LLC alleging violation of the Illinois Biometric Information Privacy Act.
According to the complaint, the plaintiff alleges that starting from Jan. 30, 2017, and throughout his employment, RelaDyne captured fingerprints of its employees for timekeeping purposes. He alleges the defendant did not provide the required disclosures concerning the collection, storage, use and destruction of the biometric identifiers required under BIPA and that he was never provided or signed a written release allowing it to collect the information.
The plaintiff seeks temporary, preliminary and permanent injunctive relief; damages including statutory damages; all costs and expenses incurred in this action, including attorney fees; and to require the defendant to pay the costs and expenses of class notice and claims administration. He is represented by Frank Castiglione and Kasif Khowaja of The Khowaja Law Firm LLC in Chicago and James X. Bormes and Catherine P. Sons of Law Office of James X. Bormes P.C. in Chicago.
Cook County Circuit Court case number 2018CH14101