Trucking company McLeod Express is facing a class action lawsuit for allegedly violating Illinois biometric privacy laws by using face-scanning biometric cameras to monitor truck drivers in real time.
Plaintiff David Alfanzo Moss filed a class action lawsuit in Cook County Circuit Court against McLeod, alleging violations of the Illinois Biometric Information Privacy Act (BIPA).
According to court documents, Moss is a current or previous employee of McLeod. He claims he company uses biometric cameras to monitor its employees and 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.
Moss claims that McLeod Express 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.
Moss is seeking certification of his class action lawsuit to represent individuals whose biometrics were scanned into McLeod Express's system. He is seeking damages of up to $5,000 per alleged violation for himself and everyone in the class action lawsuit, plus interest, attorney's fees, court costs 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.
Trucking companies like McLeod have become a growing target for such BIPA class actions in recent months, particularly in Cook County Circuit Court.
He is represented by attorneys William H. Beaumont and Roberto Luis Costales, of Beaumont Costales LLC, in Chicago.