An employee has filed a class action lawsuit against Georgia Nut Company, alleging the company violated Illinois biometrics privacy law in the way it required workers to use a fingerprint reader system to track work hours.
Plaintiff Steward Hinton filed a class action lawsuit in Cook County Circuit Court against Georgia Nut Company, alleging violations of the Illinois Biometric Privacy Act (BIPA).
According to the complaint, Hinton was hired by Georgia Nut to work as a material handler as needed from November 2017 through October 2019 at its Skokie location. Hinton claims that during his employment, Georgia Nut utilized a biometric time clock system that required employees to scan their fingerprints for timekeeping purposes.
The complaint states that 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 Hinton, Georgia Nut violated BIPA by failing to develop and release a publicly available retention schedule with guidelines for permanently destroying the biometric data; failing to obtain written releases from employees notifying them that their biometric data was being collected, and specifically, why and for how long their biometric data would be stored; failing to obtain employee's informed consent before disclosing their biometrics to third parties; and failing to properly store and protect employee's biometric data. Hinton argues that Georgia Nut's actions expose employees to potential significant privacy risks, including identity theft and unauthorized tracking.
Hinton seeks certification of his class action lawsuit to represent individuals whose fingerprints were scanned into Georgia Nut's timekeeping system. He is seeking damages of $1,000-$5,000 per alleged violation for himself and everyone in his class action lawsuit, plus attorney's fees.
The payout risk facing Georgia Nut in the case could quickly multiply. The Illinois Supreme 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. Thus, depending on the number of workers included in the lawsuit, potential damages could quickly climb into the many millions of dollars.
The plaintiff is represented by attorneys Ryan F. Stephan, James B. Zouras, Anna M. Ceragioli and Danielle M. Sweet. of Stephan Zouras LLP, in Chicago.