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A former Medieval Times employee says that the theme restaurant collects fingerprints for timekeeping purposes in violation of the Illinois Biometric Information Privacy Act (BIPA).
Lead plaintiff, Joshua W., says that he and other Illinois employees were required to provide their fingerprint scans in order to clock in and out of their shifts at work; however, they were not asked for their permission, nor were they provided information about the retention of this biometric information by Medieval Times. A class action lawsuit lodged against Medieval Times contends that the company violated a state law that restricts the use of biometric information.
Medieval Times, incorporated in Delaware with headquarters in Irving, Texas, runs a location in Schaumburg, Ill., according to the complaint. Joshua says that he worked at the Schaumburg location for two years. As a condition of his employment, he says he was required to provide two fingerprint scans to clock in and out of work; however, he claims he was never provided with information about how long his scans would be stored and retained and never signed a written release for the use of his fingerprints by Medieval Times.
“This use of biometric time clocks in the workplace entails serious risks,” explains the complaint. “Unlike key fobs or identification cards—which can be changed or replaced if stolen or compromised—fingerprints are permanent, unique biometric identifiers associated with the employee.”
According to the class action lawsuit, Medieval Times violated BIPA in four specific ways. First, the company failed to inform its workers in writing that their fingerprint scans would be stored. Additionally, employees were not informed of “the specific purposes and length of time for which it was collecting, storing, and using their fingerprint information.”
Medieval Times also allegedly failed to provide a retention schedule and information about destruction of the fingerprint information it obtained from employees. Finally, employees were not asked for permission, in writing, for the collection of their biometric information.
BIPA, explains the class action lawsuit, was enacted by the Illinois legislature in response to a situation with a bankrupt biometrics company that collected individuals’ fingerprint scans to facilitate transactions. The bankruptcy left thousands of individuals’ fingerprint scans available to be sold, exposing citizens of Illinois to the threats of identity theft and fraud.
BIPA was enacted in 2008 to protect the biometric information of Illinois residents, including finger and palm print scans, as well as face prints and other unique identifiers. Under the law, those collecting such information must meet a number of statutory requirements or potentially face legal action.
Joshua says that Medieval Times failed to collect and retain the biometric information of its employees in line with BIPA, potentially exposing him and others to the threat of identity theft and fraud.
The plaintiff seeks to represent a Class of current and former Medieval Times employees who were required to provide their fingerprint scans in violation of BIPA. The class action lawsuit is seeking damages on behalf of those employees, as well as statutory fines and a court order stopping the collection of biometric information by Medieval Times in violation of BIPA.
Have you worked at an Illinois Medieval Times? Was your fingerprint collected? Tell us about your experience in the comment section below!
The lead plaintiff is represented by Keith J. Keogh and Michael S. Hilicki of Keogh Law Ltd.
The Medieval Times BIPA Class Action Lawsuit is Wells v. Medieval Times U.S.A., Inc., Case No. 1:20-cv-07673 in the Circuit Court of Cook County, Illinois County Department, Chancery Division.
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