Laura Pennington  |  January 30, 2019

Category: Legal News

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Walmart's equate version of tylenolA new Walmart class action lawsuit says the company obtains employee fingerprints without worker consent in violation of the Illinois’ Biometric Information Privacy Act.

This class action lawsuit was filed directly after a recent Illinois Supreme Court decision held that plaintiffs bringing biometric suits don’t have to allege that they suffered some form of harm in order to initiate legal action.

Walmart class action lawsuit lead plaintiff Ethan Roach states that he was employed at an Illinois Walmart location from 2016 to 2017 and that the company required the use of a handprint scanner when changing out cash register drawers when starting or ending their work shifts.

The use of biometric scanning has become more popular in recent years with companies wanting a fast method to track employees on the clock. However, some states like Illinois are leading the way with privacy laws requiring that companies obtain consent from workers before implementing such a policy.

The Illinois’ Biometric Information Privacy Act, as explain in the Walmart class action lawsuit, requires that companies with locations in the state establish policies about how the fingerprint data will be stored and destroyed.

The Walmart class action lawsuit says that the retailer’s failure to comply with the BIPA exposed workers who had their information scanned to privacy and security risks.

The Walmart employee class action lawsuit seeks to represent all Illinois Walmart store employees who were required to use the handprint technology without giving consent.

According to the Illinois Supreme Court decision over biometric data in a Six Flags case, the mother who filed legal action met the grounds for an “aggrieved person” since no consent was provided to capture her son’s fingerprint.

The decision from that court was unanimous, stating that the intent of the Illinois legislature was not to require consumers to show that their data was stolen in order to bring a case.

The lead plaintiff in the Walmart class action says that he has not yet suffered harm or identity theft, but he does have concerns about the security protocols around the way the company stores employee handprint data since he believes no policies have been established around it.

Roach also says he “experiences emotional distress because he recognizes that he will not learn of any data breach that compromises his biometric identifiers and information until after that data breach has occurred.”

A growing number of similar lawsuits have accused companies of collecting biometric information from workers like those used for a fingerprint or retinal scan without having protocols about protecting or erasing that data.

Many employees in BIPA cases like the Walmart class action lawsuit state that no consent was provided by the workers. More than 200 cases are currently pending BIPA actions.

The proposed Class in the Walmart class action lawsuit is represented by Douglas M. Werman, Maureen A. Salas, Sarah J. Arendt, and Zachary C. Flowerree of Werman Salas PC.

The Walmart Employee Fingerprint Scan Class Action Lawsuit is Ethan Roach, et al. v. Walmart Inc., Case No. 2019CH01107, in the Circuit Court of Cook County, Illinois County Department, Chancery Division.

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8 thoughts onWalmart Biometric Class Action Filed After Illinois Supreme Court Decision

  1. LaTonya says:

    Yes , Add me to the list

  2. Tonia Bacon says:

    Add me to walmart class action lawsuit

  3. Darren Schroeder says:

    Add me to the Walmart Kohls Home Depot and Best Buy BIPA Class Actions
    Thank you

  4. willie h dixon says:

    Add me please

  5. Debbie L Fabian says:

    When can we expect payment for the finger print lawsuit? Walmart

  6. Dwayne Randle says:

    Add me please!

  7. Kevin wallace says:

    My name is Kevin wallace add me

  8. Maggie Shelton says:

    Add Me Please

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