Party City Biometric Data Policy Targeted in Class Action Lawsuit

A former employee has filed a class action lawsuit against Party City for allegedly violating biometric data laws in Illinois. 

Lead plaintiff Willey McInnis claims Party City doesn’t follow rules set by the state’s Biometric Privacy Data Act (BIPA), which requires consent and safeguarding of personal data such as employee fingerprints. 

Party City, according to McInnis’ complaint, registers fingerprint data from new hires as a way for them to clock in and out.

This common practice by employers is allowed in Illinois, but since it uses unique information that cannot be changed, it has to meet guidelines spelled out in the BIPA, McInnis argues. 

“The BIPA simply mandates that entities wishing to engage in that conduct must make proper disclosures and implement certain reasonable safeguards,” he said.

The BIPA was passed by Illinois lawmakers in 2007 as a way to alert people their data was being used, McInnis says. There was concern over what would happen to fingerprint scans held by a company named Pay By Touch after it went bankrupt. 

Major retailers were using Pay By Touch’s fingerprint scanners up until the bankruptcy to conduct business. McInnis says most consumers back then had no idea the scans were held by the company.  

“That bankruptcy was alarming to the Illinois Legislature because suddenly there was a serious risk that millions of fingerprint records could now be sold, distributed, or otherwise shared through the bankruptcy proceedings without adequate protections for Illinois citizens,” McInnis said in the complaint. 

McInnis specifically points to three key provisions of Illinois’ BIPA that Party City allegedly fails to provide in the class action lawsuit. 

Party City never properly informed employees of the fingerprint data collection policy details, according to the complaint. A publicly available “retention schedule” would also be required of the fingerprint data, but McInnis claims Party City never offered such material. He also says Party City never obtained a written release of the fingerprint data, something that BIPA requires, McInnis argues. 

Formally McInnis is accusing Party City of violating the Illinois Biometric Safety Act and is seeking injunctive relief and damages for each of Party City’s violations of the BIPA.

Illinois’ BIPA has been invoked in a series of class action lawsuits filed in the last year. 

Several employers like Party City are facing similar allegations, including Medieval Times. Plaintiffs who worked at the theme restaurant filed a class action Jan. 4 with claims their fingerprints are being used illegally. 

Another class action lawsuit was filed in December against Chicago’s Navy Pier with similar claims from a former employee about biometric data practices. 

Chicago’s Ace Hotel is another employer who was served with a class action in December alleging misuse of employee fingerprint scans. 

A 2018 class action lawsuit against ADP resulted in a $25 million settlement recently. Illinois residents who clocked in using an ADP device that took a finger or hand scan between June 5, 2013 and Nov. 6, 2020 could be eligible for a $250 claim. 

Do you work for Party City or clock into work using a fingerprint or other biometric scan? What do you think about biometric data privacy concerns? Let us know in the comments below.

Counsel representing the plaintiffs in this class action lawsuit are David Fish and Mara Baltabols of The Fish Law Firm, P.C.

The Party City Data Breach Class Action Lawsuit is Mcinnis, et al. v. Party City Corporation, Case No. 1:21-cv-00309 in the Circuit Court of the Eighteenth Judicial Circuit in DuPage County, Illinois, Law Division. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Ritz-Carlton Class Action Lawsuit Says Hotel Violates Employee Privacy Rights
• Vending Machine Claims Trimmed in Privacy Class Action Lawsuit 
• Panera Employees Harmed When Company Collected Their Fingerprints, Class Action Lawsuit Claims
• Veggie Grill Violated Illinois Privacy Law, Says Class Action Lawsuit