Fingerprint Service Hit With Biometric Privacy Class Action

Biometric Impressions, a fingerprint and background check provider, is faced with a class action alleging violations of Illinois’ biometric laws.

Plaintiff Paul Sayas alleges that he and other individuals had their biometric information collected and stored improperly by Biometric Impressions.

In his biometric class action, Sayas claims that he was not told how the company would be storing his information or for how long.

While seeking employment in May 2019, Sayas was allegedly directed to get a background check through Biometric Impressions and paid $35 for the service.

Biometric Impressions allegedly collected and stored Sayas’ biometric information without providing written notification. According to Sayas’ biometric class action lawsuit, this is a violation of the Illinois’ Biometric Information Privacy Act (BIPA).

The BIPA is a landmark biometrics law in Illinois which aims to protect consumers’ sensitive biometric information. The most commonly used biometric is the fingerprint, but other biometrics include retina scans and other physical characteristics which could be used to access digital systems.

Because these biometrics cannot be changed if compromised, Illinois legislators argued that they deserved special protections.

Under the BIPA, consumers must consent to the collection and storage of their biometrics. Additionally, companies who collect biometrics are required to develop a written policy which establishes how long biometrics will be stored and when they will be permanently destroyed.

In general, biometric storage is required to be destroyed when the initial purpose for collecting them has been satisfied or within three years of the person’s final interaction with the company.

Sayas argues in his biometric class action that he and other individuals did not give their consent to the collection and storage of their biometric information. Allegedly, the company further violated the BIPA because they “never established nor published a BIPA-mandated retention and/or destruction policy and none was made available to Sayas […] or any members of the general public.”

“Biometric Impressions knew or should have known the requirements of BIPA,” the biometrics class action claims. “Biometric Impressions’ violations of BIPA were reckless or in the alternative, negligent.”

In the biometric class action, Sayas seeks to represent a Class of individuals who had their fingerprints collected, captured, received, or otherwise obtained or disclosed by Biometric Impressions.

Several other companies have recently faced similar BIPA claims. Many of the claims currently pending in class action lawsuits are brought against employers who reportedly used biometrics to allow employees to clock into work.

PersonalizationMail.com, a gift giving website owned by Bed Bath & Beyond, recently got hit with a BIPA class action alleging that their employees are forced to use their fingerprints to clock in and out of work. The employees allegedly never gave consent to have their fingerprint data collected and stored.

Walmart faced a similar BIPA class action late last year based on their collection and storage of employee handprint scans.

Did you have your biometric information collected and/or stored without your consent? Share your experiences in the comment section below.

Sayas and the proposed Class are represented by Bradley S. Levison of Herschman Levison Hobfall PLLC.

The Biometric Impressions Class Action Lawsuit is Sayas v. Biometric Impressions Corp., Case No. 2020CH00201, in the Circuit Court of Cook County, Illinois.

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