A class action lawsuit accuses Windy City Wire Cable and Technology Products of violating Illinois' biometrics privacy law by using a fingerprint reader system to track employee hours.
Plaintiff Milo Ulrich filed a class action lawsuit in Cook County Circuit Court against Windy City Wire Cable and Technology Products, alleging violations of the Illinois Biometric Privacy Act (BIPA).
According to court documents, Ulrich was hired by Windy City in February, 2020 to work at its Illinois manufacturing facility. Ulrich claims that during his employment, Windy City utilized a biometric time clock system that required employees to scan their fingerprints for timekeeping purposes.
The complaint alleges BIPA requires that prior to collecting biometric data, including fingerprints, companies inform employees in writing that their biometric data will be collected and stored. It also states that employees must be informed in writing of the specific purpose for which the biometric data is being collected and for how long it will be stored. Additionally, BIPA requires that companies receive a written release from the employee for the collection of their biometric data.
According to Ulrich, Windy City violated BIPA by failing to inform employees in writing that it was storing their fingerprints; failing to inform employees in writing why and for how long their biometric data would be stored; failing to develop and release a publicly available retention schedule with guidelines for permanently destroying employee biometric data; and failing to obtain written releases from employees allowing them to collect and store their fingerprints. Ulrich argues that Windy City's actions expose employees to potential significant privacy risks, including identity theft and unauthorized tracking.
Ulrich seeks certification of his class action lawsuit to represent individuals whose fingerprints were scanned into Windy City's timekeeping system. He is seeking damages of $1,000-$5,000 per violation for himself and everyone in his class action lawsuit, plus court costs, attorney fees and other relief.
The costs from such BIPA-related class actions can quickly mount to potentially massive payouts. The Illinois Supreme Court has interpreted the BIPA law to allow plaintiffs to demand damages for each time an employer scans their biometrics at work, with no limit, going back over the preceding five years.
The plaintiff is represented by attorneys Keith J. Keogh and Michael S. Hilicki, of Keogh Law Ltd. in Chicago.