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A Loews class action lawsuit alleges that the Chicago-based hotel named as a defendant did not comply with the Illinois’ Biometric Information Privacy Act.
According to the Loews biometric class action lawsuit, the company violated Illinois state law when they did not get permission from employees to use fingerprints in their timekeeping system.
The worker who initiated the Loews biometric lawsuit has filed it as a proposed class action on behalf of other affected Illinois employees.
The Loews employee class action lawsuit says the company did not notify workers that fingerprint information collected from employees would be shared with third parties.
Furthermore, the claims in the Loews biometric class action lawsuit argue that the company failed to tell employees about how long the data would be kept.
The purpose of using a fingerprint system is to reportedly cut down on time-tracking fraud, but employees can argue that their employer company violated the law if specific rules are not followed.
The Loews employment class action claims that the hotel company is benefitting from the advantages of the timekeeping system without protecting employee rights. The Loews class action says that the company is exposing the employees who have had their fingerprints collected to identity theft.
The employee who filed this Loews biometric lawsuit says that the form of fraud connected to stolen fingerprints is especially problematic since, unlike a debit card or bank account, the information tied to a fingerprint cannot be changed after a theft has occurred.
Furthermore, plaintiff Joseph Duron argues that if the fingerprints are connected to a worker’s Social Security number in a online system that even more serious forms of theft and fraud can occur.
The Loews biometric class action lawsuit claims that the use of fingerprints for timekeeping is a mandatory condition of employment. The system is allegedly used to allow workers to both clock in and clock out of work each day.
The Loews class action goes on to argue that employees are exposed to a high risk of identity theft because the data collected is also shared with payroll processors, vendors, and other third parties.
Workers claim they don’t know what happens to their data after that point but say that there’s no way to ensure these third parties are protecting such private information.
According to the state law, employees must give their approval in writing after the company has informed them, in writing, about how the biometric information will be stored, how it will be collected, and for how long it will be maintained.
Every negligent violation can lead to $1,000 per instance assessed against the accused company, but willful or reckless violations can lead to $5,000 for each one.
The Loews employee class action lawsuit brings claims for conversion, fraudulent concealment, and breach of contract.
The proposed Class Members include all Loews employees who had their fingerprints collected and stored within the state of Illinois. The lawsuit seeks common law and statutory damages as well as an injunction.
The proposed Class is represented by Steven Hart and John Marrese of Hart McLaughlin & Eldridge LLC.
The Loews Employee Biometric Collection Class Action Lawsuit is Joseph Duron, et al. v. Loews COH Operating Co. LLC, et al., Case No. 1:18-cv-06479, in the U.S. District Court for the Northern District of Illinois.
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