eDriving Class Action Lawsuit Challenges Voiceprint Collection

Last week, eDriving LLC d/b/a DriversEd.com was hit with a class action lawsuit alleging its practice of using voiceprints to verify students’ identities constitutes a violation of the Illinois Biometric Information Privacy Act (BIPA).

eDriving, an online driver’s education provider, allegedly collects students’ unique voiceprints when they register online.

According to the biometric data class action lawsuit, eDriving’s practice of capturing, collecting, using and storing students’ biometric information violates BIPA.

“The Illinois Legislature passed BIPA to provide consumers with statutory protection of their privacy rights; to ensure that they would receive certain disclosures before a private entity could collect, obtain and/or use their biometrics; to decrease the risk of a misappropriation of one’s identity or a similar compromise of one’s privacy; and to ensure that individuals whose biometrics were being collected, obtained and/or used could provide informed consent and be fully aware of how their biometrics were being handled and disposed of,” plaintiff Jack Glynn says in the eDriving class action lawsuit.

Because biometric data such as voiceprints, fingerprints and DNA are unique to each individual, once the data is compromised, the individual is at an increased risk of identity theft and lacks recourse to fix the situation. Other types of sensitive information like credit card numbers and Social Security numbers can be changed if they are compromised. Biometric data cannot be changed.

Glynn says that eDriving uses voiceprints as a way to verify students’ identities instead of less-intrusive options such as requiring them to answer security questions. According to the eDriving class action lawsuit, the company fails to obtain students’ consent before it collects their voiceprints and fails to inform them about how it may store, share or destroy the information.

According to the eDriving class action lawsuit, Glynn paid $63 to register for an Illinois Adult Driver’s Education course on DriversEd.com.

“Immediately after paying the course fee, Plaintiff was directed to [a] page requiring him to call Defendant and provide a ‘voice password’ or ‘voice sample,’” Glynn says in the eDriving class action lawsuit.

Glynn says eDriving did not inform him in writing that his biometric information was being captured, collected, stored or used, and that it did not disclose its policies about the collection, retention and use of the biometric data as required under BIPA.

The eDriving class action lawsuit was filed on behalf Glynn and a proposed Class of all individuals in Illinois whose biometric data were captured, collected, obtained, stored or used by eDriving during the applicable statute of limitations period.

The plaintiff is seeking $1,000 for each negligent violation of BIPA and $5,000 for each willful and/or reckless BIPA violation. He also seeks injunctive relief, equitable relief, attorneys’ fees, costs, pre- and post-judgment interest, and other relief the court deems just and equitable.

Glynn is represented by William Kingston and Jad Sheikali of McGuire Law PC.

The eDriving Voiceprint Collection Class Action Lawsuit is Jack Glynn v. eDriving LLC, Case No. 2018 CH 7116, in the Circuit Court of Cook County, Illinois.