In a class action complaint filed on May 21, 2024, in the United States District Court for the Northern District of Illinois, Antonio Morris has brought a lawsuit against Walmart, Inc., operating under the name Spark. The complaint alleges that Spark unlawfully collected, used, stored, and disclosed biometric data of its drivers without proper consent or adherence to legal requirements.
Antonio Morris, who worked as a driver for Spark until December 31, 2023, filed the complaint on behalf of himself and all similarly situated individuals. The filing claims that Spark required drivers to upload photos of their driver's licenses and additional identification photos at regular intervals while working through the app. These photos were then subjected to facial geometry analysis to verify the identity of the drivers.
The core of Morris's allegations centers around Spark's handling of biometric data—specifically facial geometry scans—which are considered unique and permanent identifiers. According to the complaint, Spark collected and stored these biometric identifiers without informing drivers in writing about the collection or storage practices. Furthermore, Spark did not provide information regarding the specific purpose and duration for which this data would be used nor obtained written consent from the drivers.
The lawsuit cites multiple violations of the Illinois Biometric Information Privacy Act (BIPA), including failing to develop a publicly available written policy for retaining and destroying biometric data. It also alleges that Spark disclosed this sensitive information to third-party service providers without obtaining proper authorization from the affected individuals.
Morris argues that such actions expose drivers to significant privacy risks, including identity theft and unauthorized tracking if Spark's database were ever compromised. The plaintiff seeks statutory damages amounting to $5,000 per intentional violation or $1,000 per negligent violation of BIPA. Additionally, Morris requests actual damages, reasonable attorneys' fees and costs, and any other relief deemed appropriate by the court.
Representing Antonio Morris are attorneys Michael L. Fradin from Skokie, Illinois, and James L. Simon from Chagrin Falls, Ohio. The case is identified as Case No: 1:24-cv-04195.