Anna Bradley-Smith  |  September 20, 2021

Category: Food

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Subway Worker subway lawsuit
(Photo Credit: JHVEPhoto/Shutterstock)

Subway Worker Class Action Lawsuit Overview:

  • Who: Subway franchisor Doctor’s Associates, LLC has been hit with a class action lawsuit by a Subway worker. 
  • What: The employee alleges that the company violated the Biometric Information Privacy Act.
  • Where: The class action lawsuit was filed on behalf of Illinois residents

The franchisor of fast-food restaurant Subway collects and uses employees’ biometric data through their fingerprints, a class action lawsuit filed by a worker alleges.

The lawsuit was filed in Illinois on September 15 by lead plaintiff Mariel Ronquillo who alleges that Doctor’s Associates, LLC (DAL) violates the Biometric Information Privacy Act, a law that imposes a notice-and-consent requirement on companies possessing biometric data like fingerprints, voiceprints, and faceprints.

Ronquillo says that DAL, the American franchisor of Subway, requires Subway restaurants to use HP point-of-sale equipment, which includes an integrated biometric scanner, allowing restaurant workers to use their fingerprint to perform various actions.

Subway Worker Forced To Submit Fingerprints to Clock In and Out

According to the claim, when Ronquillo first used the biometric system, DAL used SubwayPOS to capture her fingerprint and create a reference template, an algorithmic representation of the features of the fingerprint used to subsequently identify her.

The system allows Subway workers to unlock registers and clock in and out of shifts and breaks with their fingerprints.

However, Ronquillo says that she was never made aware or gave consent to her biometric data being collected, stored and used. The Subway worker is demanding between $1,000 and $5,000 for every violation of the biometric data law.

 “Defendants did not explain the Biometric System to Subway workers,” the lawsuit reads.

“Defendants did not tell Subway’s workers how they used data collected through the Biometric System. Defendants did not tell Subway’s workers how long they kept the data collected through the Biometric System.”

According to the claim, none of the workers gave consent to DAL’s capture, collection, use, or retention of their fingerprints or the identifying data derived from them.

Ronquillo wants to represent anyone in Illinois who used the HP system at Subway or elsewhere. She is suing for violations of the Biometric Information Privacy Act and seeks certification of the Class, injunctive relief, damages of between $1,000 and $5,000 per violation, interest, legal fees and costs, and a jury trial.

A number of other fast food restaurants have been accused of collecting biometric information from workers and even customers without consent, including White Castle, McDonald’s, and Wendy’s

Have you ever used your fingerprint to sign in to work? Tell us how your biometric data was used in the comments section below!

Ronquillo is represented by Carl V. Malmstrom of Wolf Haldenstein Adler Freeman & Herz and Arun G. Ravindran and Frank S. Hedin of Hedin Hall LLP.

The Subway Worker Fingerprint Class Action Lawsuit is Ronquillo v. Doctor’s Associates, LLC, Case No. 1:21-cv-04903 in the U.S. District Court Northern District of Illinois Eastern Division.


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5 thoughts onSubway Worker Forced to Submit Fingerprints Without Consent, Class Action Alleges

  1. A. McGregor says:

    Rottinghaus out of Wisconsin did this also. I never gave consent for them to use my fps. I did work for them less than 2 months in 2019 in Ks..

    1. Jennifer R Oney says:

      Add me to the subway one :) been there 3.5 years

  2. Elaine E Rachal says:

    Add me. I wasn’t aware that either of these businesses collected customer finger print data. That is wrong in so many ways.

  3. Zenaida rivera says:

    Add me

    1. Glenda E Smith says:

      Please add me

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