Walmart class action claims company collects, shares employee fingerprint data

Walmart class action lawsuit overview:

• Who: Plaintiff Joann Davis filed a class action lawsuit against Walmart Inc.
• Why: The former Walmart employee claims the retailer required her to provide employee fingerprint data without obtaining proper consent in violation of Illinois law.
• Where: The Walmart class action lawsuit was filed in Illinois federal court.

Walmart Inc. collects and shares employee fingerprint data without their written consent in violation of biometric privacy laws, according to claims made in a new Walmart class action lawsuit.

Plaintiff Joann Davis says in the lawsuit — filed April 25 in Illinois federal court — that while working at Walmart, she was required to have her fingerprint scanned for timekeeping and payroll purposes. Each workday, Davis had to use a fingerprint scanner while clocking in and out of her shift, the Walmart class action lawsuit alleges.

Davis says this collection of employee biometric data is unlawful under Illinois’ Biometric Information Privacy Act (BIPA), and subjects employees to “serious and irreversible” risks to their privacy.

“Fingerprint scans are unique, permanent biometric identifiers associated with each user that cannot be changed or replaced if stolen or compromised,” the Walmart class action lawsuit says.

Therefore, the Walmart employee fingerprint data class action asserts, a Walmart employee whose biometric fingerprint data is compromised would have no means to prevent identity theft, unauthorized tracking or other unlawful use of this information.

Walmart class action says employee fingerprint data collection violates Illinois law

In Illinois, BIPA allows private entities like Walmart to obtain biometric data only if it informs an individual in writing that their biometric information will be collected or stored; informs them in writing about the purpose of the collection and the length of time the biometric information will be collected, used and stored; receives a written release from the individual authorizing the collection of biometric data; and publishes written retention schedules and guidelines for when the biometric data will be permanently destroyed.

Davis says she was simply told to allow her fingerprint to be scanned as part of her onboarding and timekeeping procedure for Walmart, but the company allegedly failed to disclose any of the information about the collection required by Illinois law.

The plaintiff also claims she never provided written consent authorizing Walmart to collect and store her employee fingerprint data.

Davis filed the Walmart class action lawsuit on behalf of herself and a proposed class of hourly employees who had their biometric data collected by Walmart in Illinois in the last five years.

A similar Walmart employee data class action was filed in 2022.

Does your employer require you to submit employee fingerprint data for timekeeping or payroll purposes? Tell us about your experience in the comments.

Davis is represented by Michael L. Fradin and James L. Simon.

The Walmart employee fingerprint data class action lawsuit is Joann Davis v. Walmart Inc., Case No. 1:24-cv-03373, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

Read About More Class Action Lawsuits & Class Action Settlements:

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• Target class action alleges violation of Illinois biometric privacy law
• Wingstop class action alleges company captured, stored customer voiceprints from phone orders
• Domino’s class action alleges company captures, stores customer voiceprints during ordering