An employee has filed a lawsuit against freight company F.A.E. Distributors, alleging that the company violated Illinois' biometric privacy law by using biometric cameras to scan truck drivers' faces while on the job.
Plaintiff Timothy Jackson filed a class action lawsuit in Cook County Circuit Court against University Park-based F.A.E. Distributors, alleging violations of the Illinois Biometric Information Privacy Act (BIPA).
According to court documents, Jackson is a current or previous employee of F.A.E. Distributors, based in suburban Cook County. He claims that the company uses biometric cameras to monitor its employees. The company allegedly has a separate biometric camera that scans and stores the facial geometry of each employee.
The lawsuit states that BIPA laws require that prior to collecting biometric data, including facial geometry scans, companies must inform employees in writing that biometric data will be collected and stored. It also states that employees must be informed in writing of the specific purpose of why the biometric data is being collected and how long it will be stored, and companies must receive a written release from employees for the collection of biometric data.
Jackson claims that F.A.E. Distributors failed to inform employees in writing that their data was being collected and stored; failed to inform employees in writing how the data would be used and how long the data would be stored; failed to obtain employee consent to collect their biometric data; failed to provide employees with access to a retention schedule or guidelines for permanently destroying their biometric data; and failed to disclose the identities of any third parties that the company was directly or indirectly sharing the biometric data with.
Jackson is seeking certification of his class action lawsuit to represent individuals whose biometrics were scanned into F.A.E. Distributors' system. He is seeking damages of $1,000–$5,000 per alleged violation for himself and everyone in the class action lawsuit, plus interest, attorney's fees, court costs and any other relief the court deems proper.
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.
He is represented by attorneys William H. Beaumont and Roberto Luis Costales, of Beaumont Costales LLC, in Chicago.