A class action lawsuit accuses Burr Ridge trucking company GTS of improperly scanning workers' faces to monitor their work activity, allegedly in violation of Illinois' stringent biometrics privacy law.
According to the lawsuit, the Illinois Biometric Information Privacy Act requires employers to obtain consent from employees before collecting their biometric data, and to maintain the data in a secure manner and have a publicly disclosed plan for how the data will eventually be destroyed, says the lawsuit, filed in Cook County Circuit Court.
"None of these directives were followed," states the lawsuit against GTS.
The company uses a separate biometric cameras to monitor each worker, the suit says.
"Defendant did not inform in writing either Plaintiff or class members that their biometric data was being recorded, obtained, collected, and/or stored," says the suit. " Defendant did not inform in writing either Plaintiff or class members the specific purpose and length of term for which their biometric data would be collected, stored, and/or used."
The suit seeks $5,000 for each willful or reckless violation of the law and $1,000 for each negligent violation, plus attorney fees.
Thousands of such class action lawsuits have been filed against employers throughout Illinois in the past few years under the BIPA law. Payouts in such lawsuits can quickly climb into the millions of dollars, thanks to Illinois Supreme Court rulings which interpret the law to allow plaintiffs to sue for each and every scan of a person's biometrics dating back five years. The state high court has also delivered rulings that all but eliminate the ability of most employers to defend themselves against the law or reduce their damages. Faced with such risks, all employers targeted under the law have ultimately settled the lawsuits against them.
The plaintiffs are represented by Roberto Luis Costales and William H. Beaumont of Beaumont Costales LLC.
Hecht v. GTS Transportation Corporation, Cook County Circuit Court, 2023CH08643.