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Five Guys time clock class action lawsuit overview:
- Who: Jeremiah M. Greenwood filed a class action lawsuit against Five Guys Operations LLC.
- Why: Greenwood claims Five Guys violated biometric privacy law with its fingerprint scanner time clock system.
- Where: The class action lawsuit was filed in Illinois federal court.
Five Guys Operations violates biometric privacy law with its fingerprint scanner time clock system, a new class action lawsuit alleges.
Plaintiff Jeremiah M. Greenwood claims Five Guys uses its fingerprint scanner time clock system to unlawfully collect and otherwise obtain the fingerprints or thumbprints of employees.
Greenwood, a former Five Guys shift manager, claims the company violates the Illinois Biometric Information Privacy Act (BIPA) by failing to, among other things, obtain written consent before capturing the biometric identifiers of its employees.
“Defendant’s time clock system required it to obtain informed written consent from Plaintiff and putative class members before Defendant was able to acquire or otherwise capture the ‘biometric identifiers,’” the Five Guys class action states.
Greenwood wants to represent an Illinois class of current and former Five Guys employees who had their biometric identifiers collected, captured and otherwise obtained by Five Guys fingerprint and/or thumbprint scanners.
Five Guys injured employees by failing to abide by BIPA policies, class action says
Five Guys also allegedly failed to abide by BIPA regulations by not informing employees their biometric data would be collected and stored and why, as well as by not providing a publicly available retention schedule for when the data would be permanently destroyed, the Five Guys class action alleges.
“Defendant’s failure to comply with BIPA’s retention-and-destruction policy results Article III injury,” the Five Guys class action states.
Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of liquidated damages for himself and all class members.
A similar class action lawsuit was filed against Snap Inc. earlier this year by a pair of consumers claiming the company violated certain Snapchat users’ biometric privacy rights by capturing their biometric information without consent.
If your biometrics were collected in Illinois without your written consent, you could join a free BIPA class action lawsuit or arbitration-based investigation.
The plaintiff is represented by James C. Vlahakis of Sulaiman Law Group Ltd.
The Five Guys time clock class action lawsuit is Greenwood, et al. v. Five Guys Operations LLC, Case No. 1:22-cv-07169, in the U.S. District Court for the Northern District of Illinois.
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5 thoughts onFive Guys time clocks violate privacy, class action lawsuit claims
I was an employee at 5 guys and received a settlement letter in the mail what further actions do u need to take to receive my settlement?
I was an employee of five guys and received something in the mail in regards to breach of security or whatever..
I work for a local company, this is only 50 employees max, and now they are enforcing one of these here in MA. I have to make all hourly staff, (salary staff doesn’t have to), enroll in order to clock in and I don’t really have an option to say “no.” We don’t have great internet protection, and I know a lot of employees don’t like it. If using one of these, the payroll company being used should make sure the employer has EVERY employee sign a consent form, and not be terminated if they refuse.. some of these people have worked here for over 10yrs!!
I was an employee at 5guys last year here in PA and just got the letter as well about the breach and they had an offer as well. I need a lawyer to explain what else to do now if my info was in there.
Add me please