In a groundbreaking legal move, a former employee has filed a class-action lawsuit against a major party supply company for allegedly violating Illinois' Biometric Information Privacy Act (BIPA). Marisol Marquez, the plaintiff, filed the complaint in the United States District Court for the Northern District of Illinois on June 10, 2024, targeting Party City Holdco, Inc. for its use of biometric data without proper consent.
Marquez was employed at Party City's Naperville, Illinois distribution warehouse from August 26, 2018, to June 20, 2019. According to the complaint, Party City uses voice recognition technology called "Vocollect" to manage its warehouse operations. This technology requires employees to provide voiceprints—unique biometric identifiers created by reading specific words into the system during training. These voiceprints are then stored and used to identify workers during their shifts. The lawsuit alleges that Party City collected these voiceprints without informing employees or obtaining their written consent as mandated by BIPA.
The plaintiff's case hinges on several key points: first, that Party City failed to inform employees in writing about the collection and storage of their biometric data; second, that it did not disclose the specific purpose and duration for which this data would be used; and third, that it did not obtain written releases from employees authorizing these actions. "Voiceprints are unique, permanent biometric identifiers associated with each employee that cannot be changed or replaced if stolen or compromised," Marquez's complaint states. The potential risks include identity theft and unauthorized tracking if Party City's database were ever breached.
The Illinois Biometric Information Privacy Act is designed to protect residents' privacy interests in their biometric data. Under BIPA, companies must inform individuals in writing about the collection of biometric information and obtain written consent before doing so. They must also establish publicly available retention schedules and guidelines for permanently destroying this data when it is no longer needed. The lawsuit claims that Party City failed on all these fronts.
Marquez is seeking certification of her case as a class action to represent all Illinois residents who had their biometric information collected by Party City over the past five years. She is asking for statutory damages of $5,000 per intentional violation or $1,000 per negligent violation of BIPA. Additionally, she seeks actual damages and reasonable attorneys' fees and costs.
Representing Marquez are attorneys Michael L. Fradin from Fradin Law and James L. Simon from Simon Law Co., with Judge [Name] presiding over Case ID: 1:24-cv-04808.