U-Tec Class Action Says Fingerprint Door ­Locks Violate State Law

U-Tec, the manufacturer of high tech fingerprint door locks, faces a class action lawsuit from a consumer alleging that the company violates Illinois’ Biometric Information Privacy Act by failing to meet disclosure requirements.

Plaintiff Michael Komorski recently filed the class action lawsuit against U-Tec Group Inc. alleging that the company never disclosed that it collects and stores biometric information from its fingerprint door locks.

Komorski claims that the lack of disclosure violates Illinois’ Biometric Information Privacy Act.

“Despite handling plaintiff’s biometrics through its door­-lock, defendant failed to provide plaintiff with any of the statutorily required disclosures necessary for him to render an informed decision that considered the risks of inputting his biometrics in defendant’s door-­lock technology,” Komorski claims in his biometrics class action.

U-Tec door locks can store up to 95 fingerprints on a single smart lever lock. These fingerprints can then be used to open the high tech door lock. The lock is connected to the Ultraloq App where the biometric information is allegedly stored.

Komorski claims that U-Tec never disclosed the “capture, collection, storage, and transmission to third parties of his biometrics.” He further states that, without the necessary disclosures, he was unable to make an informed decision and consider the risks of potential breaches of privacy.

“By capturing, storing, and using Plaintiff’s and other Class members’ biometric identifiers and/or biometric information as described herein, Defendant violated Plaintiff’s and the other Class members’ respective rights to privacy as set forth in the [Biometric Information Privacy Act],” the U-Tec biometrics class action lawsuit argues.

The Biometric Information Privacy Act was passed by Illinois in order to protect consumers from breaches of their biometric data privacy rights. The law requires certain disclosures to consumers about how and why their biometrics are being collected, how their biometrics are being stored, and how they will eventually be disposed of.

The Biometric Information Privacy Act allows consumer to pursue up to $5,000 for each willful or reckless violation of the law and $1,000 for each negligent violation of the law.

Illinois’ state courts have seen an influx of similar lawsuits in recent years, even though the Biometric Information Privacy Act was passed 10 years ago. The influx in lawsuits likely reflects the increase in biometric-based consumer technology which uses biometrics such as fingerprints, retina scans, and facial geometry.

A large number of the suits filed so far have been filed by employees regarding their employers’ fingerprint based time-clock systems.

Komorski seeks to represent a Class of Illinois consumers whose biometrics were captured, collected, obtained, stored, or used by U-Tec without consent.

The U-Tec biometrics class action lawsuit seeks statutory damages of $5,000 for each willful and/or reckless violation of the Biometric Information Privacy Act and statutory damages of $1,000 for each negligent violation of the Biometric Information Privacy Act.

The class action also seeks injunctive relief, monetary damages, punitive damages, court costs, and attorneys’ fees.

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

The U-Tec Biometrics Class Action Lawsuit is Komorski, et al. v. U­-Tec Group Inc., Case No. 2018-­CH­-11884, in the Circuit Court of Cook County, Illinois.