A class action lawsuit accuses auto parts supplier Factory Motor Parts of wrongly requiring workers to scan their fingerprints when punching the clock, allegedly in violation of Illinois' stringent biometrics privacy law.
Joseph Ramirez worked for the defendant from 2019 to 2020, according to a complaint filed Oct. 17 in Cook Circuit Court.
Ramirez claims the defendant had implemented a system requiring employees to clock in and out using fingerprint scans.
During this period, the defendant introduced biometric scanning and time-tracking devices, collecting employees' fingerprints and converting them into electronic biometric information, according to the suit.
Ramirez claims he complied with this requirement, providing biometric scans without being informed about the purpose or storage of this data.
The defendant collected, stored and used the plaintiff’s biometrics for timekeeping and access but never disclosed this practice to the plaintiff or obtained their written consent, according to the suit.
Despite possessing the plaintiff’s biometric data, the defendant failed to provide any written policy regarding biometric retention, storage, or destruction. Furthermore, the defendant shared electronic information derived from the plaintiff’s biometric identifiers with third parties, including vendors for timekeeping, data storage and payroll, without the plaintiff's consent.
The plaintiff argued that these actions violated their rights under the Illinois Biometric Information Privacy Act.
Thousands of Illinois employers have been targeted by nearly identical class action lawsuits under the Illinois BIPA law. Such legal actions have been emboldened by recent rulings from the Illinois Supreme Court. The state high court has interpreted the BIPA law to allow plaintiffs to demand damages for each time an employee may be required to scan their fingerprints at work, with no limit, going back over the preceding five years.
Under those rulings, plaintiffs can demand damages of up to $5,000 per alleged wrongful fingerprint scan. Thus, when multiplied across entire workforces, who are scanning fingerprints multiple times per day, damages can quickly climb into the many millions of dollars or more, depending on how many workers are involved and the kinds of biometric scanning systems in place.
Ramirez is seeking damages of $1,000 to $5,000 per fingerprint scan, as allowed under the BIPA law.
He is represented by attorney Mark Hammervold, of Hammervold Law, of suburban Elmhurst.