A class action lawsuit has been filed against a company accused of unlawfully collecting and using biometric data without proper consent. Tomas Jones, the plaintiff, filed the complaint in the United States District Court for the Northern District of Illinois on October 14, 2024, against Harri (US), LLC.
The lawsuit centers around allegations that Harri, a developer of workforce management solutions including biometric timekeeping software, violated the Biometric Information Privacy Act (BIPA) by improperly collecting and storing employees' facial geometry data without informed consent. The plaintiff claims that Harri's software requires employees to scan their facial geometry to track work hours and attendance, which exposes them to privacy risks if such sensitive data is compromised. Tomas Jones worked as a cook at Steak 'n Shake from May 2024 through September 2024, where he was required to use Harri's biometric timekeeping system. According to the complaint, Harri did not inform him or other employees about how long their biometric data would be stored or its specific purpose, nor did they obtain written consent before collecting this information.
The plaintiff accuses Harri of failing to develop and adhere to a publicly available retention schedule for destroying biometric data as mandated by BIPA. Additionally, it is alleged that Harri disclosed this sensitive information to third parties without obtaining necessary consent. These actions are said to have placed employees at risk of identity theft and unauthorized tracking due to potential breaches similar to those experienced by other companies like Kronos and Pay By Touch.
Jones seeks an order declaring that Harri's conduct violates BIPA and demands statutory damages for each violation. The relief sought includes injunctive measures requiring compliance with BIPA’s guidelines on handling biometric data and compensatory damages amounting up to $5,000 per intentional or reckless violation or $1,000 per negligent violation.
Representing Tomas Jones in this case are attorneys Ryan F. Stephan, James B. Zouras, and Andrew C. Ficzko from Stephan Zouras LLP based in Chicago. The case is identified under Case No: 1:24-cv-10181.