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COOK COUNTY RECORD

Friday, March 29, 2024

Class action claims Weathertech, ADP wrongly scanned workers' fingerprints to use with punch clock

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CHICAGO — A class action lawsuit has been filed against the makers of Weathertech products, alleging the company violated a state privacy law by making employees scan their fingerprints for use with a biometric piunch clock to track their work hours.

Wardell Brown, individually and on behalf of all others similarly situated, filed a complaint on Jan. 14 in Cook County Circuit Court against MacNeil Automotive Products, which does business as Weathertech, for alleged violation of the Illinois Biometric Information Privacy Act. The lawsuit also named ADP LLC as a defendant.

According to the complaint, Brown and the class of employees working for WeatherTech are required to have their fingerprints scanned by a biometric timekeeping device. Plaintiff claims WeatherTech used defendant ADP's employee database to monitor the time worked by its hourly employees. 

However, defendants allegedly collected, use, stored and disclosed their sensitive and proprietary biometric data without providing the notice to employees required under the law. As a result, plaintiff and the class claim they will be exposed to serious and irreversible privacy risks. 

The plaintiff alleges the defendants failed to implement a BIPA-compliant biometric authentication system with reasonable data security safeguards and failed to properly inform plaintiff and the class in writing of the specific purpose or length of time for which their fingerprints were being collected, stored, used and disseminated.

The plaintiff requests a trial by jury and seeks $5,000 per violation, plus injunctive and other equitable relief, award of attorney fees, costs, interest, and other relief. He is represented by attorneys James Zouras, Andrew Ficzko and Haley Jenkins of Stephan Zouras LLP in Chicago.

The Cook County Circuit Court Case No. is 19-CH-00503.

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