Class action: Enova Holdings violated IL biometrics privacy law by making workers using biometric time clock

By Bree Gonzales | Feb 19, 2019

CHICAGO — A woman has filed a class action lawsuit against Enova Financial Holdings Inc., claiming the company violated the Illinois Biometric Information Privacy Act.

Sandra Diaz filed a complaint, on behalf of herself and all others similarly situated, on Feb. 7 in Cook County Circuit Court, alleging Enova unlawfully collected, stored and used her personal biometric data.

According to the complaint, the plaintiff was required by Enova to use a biometric time clock to keep track of her attendance. The complaint alleges Enova improperly disclosed employees' data, including Diaz's, to out-of-state third-party vendors. Diaz claims the company failed to destroy workers' biometric data when the initial purpose for obtaining such data had been satisfied or within three years of employee's last interactions with them. The plaintiff alleges Enova never provided workers with nor ever asked them to sign a written release permitting the company to obtain and store their biometrics.

The plaintiff requests a trial by jury and seeks damages including statutory or liquidated damages, injunctive relief, attorney's fees and costs, and other relief. Under the statute, the company could face damages of $1,000-$5,000 per violation. A violation could be considered to be each time an employee punched in or out of a work shift using a biometric time clock. 

Diaz is represented by Brandon M. Wise and Paul A. Lesko of Peiffer Wolf Carr & Kane APLC in St. Louis.

Cook County Circuit Court Case No. 2019CH01642.

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Circuit Court of Cook County Peiffer Wolf Carr & Kane APLC

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