Binny’s Beverage Depot Class Action Alleges Biometric Privacy Violations

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Former employees hit an Illinois liquor store chain with a class action lawsuit alleging the company’s practices violate state laws protecting their biometric information.

Lead plaintiffs alleged in their class action lawsuit that Binny’s Beverage Depot required workers to use their fingerprints to track their hours.

Additionally, employees say that the liquor chain does not tell them how long their fingerprints will be retained, allegedly violating Illinois’ Biometric Information Privacy Act (BIPA).

According to the Binny’s Liquor class action lawsuit, Binny’s uses “biometric scanning devices and associated software technology which capture a person’s fingerprint information derives from their fingerprints to authenticate the identity of such persons in the future.”

The Binny’s biometric class action lawsuit says that Binny’s employees and former employees now have to worry about identity theft in the name of more precise time-tracking.

“In this case, Binny’s chose to shun less profitable time-tracking methods and instead elected to implement an invasive biometric time-tracking program that relied on the illegal collection of its workers’ fingerprints to more closely monitor their activity,” states the Binny’s Liquor class action lawsuit. “Unsurprisingly, workers’ privacy rights were overlooked in pursuit of corporate profits.”

The Binny’s class action lawsuit further alleges that in addition to keeping employees’ fingerprints, their former employer is also keeping their Social Security numbers. This makes the company a prime target for hackers and employees fear that they could suffer severe financial losses long after they leave Binny’s.

“Indeed, the permanent and irreplaceable nature of one’s biometrics makes the illegal collection of the same a significant public problem with far-reaching consequences, including irreversible identify [sic] theft and potential financial ruin,” allege the plaintiffs in their Binny’s biometric class action lawsuit.

One lead plaintiff, Matt Burger, alleges that he would not have taken the job had he known he would have to submit his fingerprints to clock in and out, or would have asked for additional pay. The class action lawsuit alleges that Binny’s, also known as Gold Standard Enterprises, does not tell potential employees that they must submit their fingerprints in order to work at the liquor chain.

“New technology now allows consumers to pay their bills, secure financial accounts, and purchase physical goods, all with their biometric information,” alleges the Binny’s class action lawsuit. “Unfortunately, along with the increased utility of biometric technology, so too has come grave privacy risks associated with the dissemination and unregulated collections of biometric information.”

The Binny’s biometric class action lawsuit seeks to represent potentially thousands of current and former Binny’s employees who were required to submit their fingerprints in violation of Illinois privacy laws.

The plaintiffs are seeking statutory damages, as well as a court order stopping the liquor chain from using fingerprints in their time-tracking system and requiring Binny’s to destroy fingerprint records.

The proposed Class is represented by Myles McGuire and William Kingston of McGuire Law PC.

The Binny’s Liquor Biometric Class Action Lawsuit is Matt Burger, et al. v. Gold Standard Enterprises Inc., Case No. 2018­-CH­-05904, in the Circuit Court of Cook County, Illinois.