McDonald’s Class Action Lawsuit Over Privacy Violations Paused by Judge

McDonald’s BIPA Class Action Lawsuit Overview: 

• Who: A judge has paused a class action lawsuit filed against a McDonald’s franchisee by Ana Avila, a former employee. 
• Why: The judge cited similar litigation pending in a state court as reason to pause Avila claims that JDD Investment Co. — which owns the McDonald’s location she worked at — violated the Illinois’ Biometric Information Privacy Act by requiring her to clock in and out work with a biometric collection device.
• Where: The class action lawsuit was filed in Illinois federal court.

A judge has cited similar litigation in a state court as his reason for pausing claims that a Chicago McDonald’s franchise collected and stored a former employee’s biometric data without her consent. 

Plaintiff Ana Avila filed a class action lawsuit against JDD Investment Co. — which owns the McDonald’s franchise Avila worked at — in April, claiming her former employer violated the Illinois’ Biometric Information Privacy Act by requiring her to clock in and out of work using a biometric timekeeping device. 

The judge overseeing the case cited a separate complaint filed against JDD in November of last year that is currently pending and has “ substantially similar litigation interests” in ruling that the cases are parallel. 

Avila argued, meanwhile, that the case wasn’t parallel because JDD was “one of many defendants” in the case, however the judge ruled this didn’t negate the “parallel nature of the actions.” 

The judge also declined JDD’s attempts to dismiss or stay the claims while the Illinois Supreme Court determines whether BIPA claims can be preempted by the state’s Worker Compensation Act, which provides remedies for accidental injuries employees’ sustain during employment. 

“Avila alleges that JDD Investment intentionally collected her fingerprints using a biometric timekeeping system after the 2008 enactment of BIPA. This suggests that Avila’s injury was not accidental,” the judge wrote. 

In addition to BIPA claims, Avila also alleges she was harassed on account of her Mexican heritage, which ultimately forced her to quit her position, Law360 reports.  

Avila is seeking repayment for wages and benefits lost, along with punitive and compensatory damages. 

A separate class action lawsuit alleging BIPA violations was filed against McDonald’s last month by a consumer who argues the company collects drive-thru customer’s voiceprints without their consent. 

Has your employer violated your biometric privacy rights? Let us know in the comments! 

The plaintiff is represented by David J. Fish of Fish Potter Bolanos PC. 

The McDonald’s BIPA Class Action Lawsuit is Avila v. JDD Investment Company, Case No. 1:21-cv-01917, in the U.S. District Court for the Northern District of Illinois.

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