Biometric Class Action Says Online Retailer Stores Employees’ Fingerprints

A class action lawsuit asserts that an online retailer owned by Bed Bath & Beyond unlawfully collects and stores workers’ biometric information by requiring employees to provide their fingerprints to track hours and breaks on the job.

Plaintiffs LaTonia Williams and Dequrvia Williams reportedly worked as warehouse employees of PersonalizationMall.com.

The two former employees say that when they worked for the company, they were required to use their fingerprints to clock in and out of work. 

Allegedly, the company did not ask their permission to take their fingerprints, and did not inform the employees of the company’s policy regarding the storage, collection, and disposal of this information.

According to the PersonalizationMall.com class action lawsuit, the fingerprints collected constituted biometric information, as defined by Illinois’ Biometric Information Privacy Act. 

The workers explain that fingerprint scans are “distinctive identifiers of each individual” and therefore constitute biometric identifiers and information under Illinois’ BIPA.

The biometric privacy class action lawsuit asserts that the BIPA requires individuals and companies to gain consent before collecting biometric information. Allegedly, the PersonalizationMall.com requires workers to provide biometric information as a regular part of their job, but do not receive consent.

The workers say that the company further violated the BIPA by not providing workers with access to clear information about the company’s policy on how it collects, stores, and disposes of collected biometric information. Allegedly, the workers still do not know what the company has done with their information — whether it has been destroyed or retained.

The PersonalizationMall.com biometric class action lawsuit says that given the rise of data breaches, collecting biometric information puts workers’ privacy at risk. Allegedly, if the information was exposed, the workers could become the victims of identity theft and fraud.

The exposure of biometric information is particularly damaging, because it cannot be changed, claim the workers. Whereas a person can get a new bank account, change a password, or order a new credit card if that information is exposed, a person cannot replace their fingerprints or get a new face scan. Allegedly, it is very difficult to recover from identity theft related to biometric information.

The workers then go on to stress that fraud and identity theft surrounding biometric information will only increase as the use and demand for biometric information increases.

Have you been required to provide your biometric information in the course of your work? Were you asked to provide your consent?

The plaintiffs are represented by Thomas Michael Ryan of the Law Offices of Thomas Ryan.

The PersonalizationMall Fingerprint Scan Class Action Lawsuit is LaTonia Williams, et al. v. PersonalizationMall.com LLC, Case No. 1:20-cv-00025, in the U.S. District Court for the Northern District of Illinois. 

Read More Lawsuit & Settlement News:

LifeLabs Class Action Filed Over Massive Data Breach

When Do Workers Get Double Time in California?

Coppertone Class Action Says ‘Mineral-Based’ Labels Are Misleading

Catastrophic Personal Injury Lawsuit Ends in $21.5M Verdict