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Plaintiff Alleges Universal Protection Services Violated Biometric Privacy Laws

COOK COUNTY RECORD

Tuesday, November 26, 2024

Plaintiff Alleges Universal Protection Services Violated Biometric Privacy Laws

Federal Court
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**Class Action Lawsuit Filed Against Universal Protection Services, LLC Over Alleged Biometric Data Violations**

Bianca Allen has filed a class action complaint against Universal Protection Services, LLC (doing business as Allied Universal Security Services) in the United States District Court for the Northern District of Illinois on May 21, 2024. The lawsuit alleges that the defendant unlawfully collected, stored, and used biometric data from its employees without proper consent or disclosure.

According to the complaint, Bianca Allen worked for Allied within the past five years and was required to have her face scanned as part of the company's timekeeping and payroll procedures. The plaintiff asserts that Allied utilized biometric application software to collect these face scans each time an employee clocked in or out. This practice allegedly exposed employees to significant privacy risks, including identity theft and unauthorized tracking if the biometric data were compromised.

The Illinois Biometric Information Privacy Act (BIPA) mandates specific requirements for entities that collect biometric data. These include informing individuals in writing about the collection and storage of their biometric identifiers, detailing the purpose and duration of such activities, obtaining written consent, and establishing publicly available retention schedules for destroying this information. The complaint claims that Allied failed to comply with these statutory requirements.

Allen's lawsuit highlights several alleged violations by Allied:
1. Failure to develop a written policy regarding the retention and destruction of biometric data.
2. Collecting and storing biometric information without informing employees in writing.
3. Not obtaining written consent from employees before collecting their biometric data.
4. Disclosing or disseminating biometric information without proper authorization.

The plaintiff contends that these actions are not isolated incidents but part of a broader company policy affecting all hourly employees who had their biometrics collected over the past five years. As a result, Allen seeks certification for a class action on behalf of all similarly affected employees.

The relief sought includes statutory damages amounting to $5,000 per intentional or reckless violation or $1,000 per negligent violation as stipulated under BIPA. Additionally, Allen requests actual damages, reasonable attorneys' fees and costs, and any other appropriate relief deemed necessary by the court.

Attorneys Michael L. Fradin from Skokie, Illinois, and James L. Simon from Chagrin Falls, Ohio represent Bianca Allen in this case identified as Case No: 1:24-cv-04175.

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