Class action: Digital exam proctoring biz Verificient scanned test takers' faces, knuckles without notice

By Noddy A. Fernandez | Jan 4, 2019

CHICAGO – A woman has brought a class action against a digital exam proctoring company, alleging its software scanned her face and knuckle geometry without the company informing her in writing the information was being collected.

Shannon Gray, individually and on behalf of a class of similarly situated individuals, filed a complaint on Dec. 28 in Cook County Circuit Court against Verificient Technologies Inc. over alleged violation of the Illinois Biometric Information Privacy Act.

According to the complaint, the defendant's Proctortrack software connects to cameras on computers and is used to capture, collect and store biometric facial and knuckle geometry. The plaintiff alleges the defendant captured this information using the webcam on her laptop.

The plaintiff alleges the defendant did not inform users in writing that their biometrics were being collected, stored, used or disseminated. She also alleges it failed to disclose the identities of third parties to which her biometrics would be transferred.

The plaintiff requests a trial by jury and seeks injunctive and equitable relief, statutory and monetary damages, attorney fees, costs, pre- and post-judgment interest, and such further and other relief as the court deems just and equitable. She is represented by Myles McGuire, Jad Sheikali and David L. Gerbie of McGuire Law PC in Chicago.

Cook County Circuit Court case number 18-CH-16054

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Cook County Circuit Court McGuire Law PC

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