Vending Machine Claims Trimmed in Privacy Class Action Lawsuit

A federal judge has cut a privacy class action lawsuit claim over the collection of fingerprint scans for employee vending machine use.

Lead plaintiff Christine Bryant alleged in a class action lawsuit that her former employer, Compass Group USA, had collected her and other workers’ fingerprint scans in order for them to be able to use smart vending machines. The collection of this information, the complaint claimed, violated an Illinois privacy law called the Biometric Information Privacy Act (BIPA).

Under BIPA, the collection and use of Illinois residents’ biometric information is subject to conditions regarding collection, retention and destruction. In addition, those who collect biometric information such as fingerprints and face scans must obtain the permission of the individual and provide them information about when the information will be destroyed.

BIPA infractions can carry steep fines of between $1,000 and $5,000 per violation.

The lead plaintiff alleged that she provided her fingerprint scan to Compass when she worked at the company’s call center. She claims the scan allowed her to use smart vending machines at her workplace and linked to an account.

Bryant contended Compass failed to obtain her permission to collect and use her fingerprint, along with that of other employees who wanted to use the vending machines at work.

The class action lawsuit alleged Compass failed to destroy Bryant’s fingerprint scan after the company no longer needed the information; however, U.S. District Court Judge Virginia M. Kendall ruled the plaintiff had failed to provide enough information about Compass’ retention and destruction guidelines to establish a BIPA violation.

“One cannot fail to comply with guidelines that do not exist. Merely holding on to biometric information does not give rise to a § 15(a) claim unless holding on to it violates the established retention and destruction guidelines,” the judge noted in her order. “The amended complaint is silent as to whether Compass Group had any retention and destruction guidelines in place.”

The claim was trimmed without prejudice, however, which means the plaintiff could try to provide more information to re-establish the claim.

Compass argued other claims in the class action lawsuit should be dismissed, but Judge Kendall disagreed with the company.

Compass contended the plaintiff had waited too long to make her claims; however, the judge pointed out the complaint, filed in August 2019, was filed the same year Bryant alleges she provided her fingerprint to use the smart vending machine.

“BIPA itself does not contain a limitations period,” the order notes. “Where a statutory civil cause of action does not specify a limitations period, another Illinois statute provides a default limitations period of five years.”

Compass also challenged the constitutionality of BIPA in its motion to dismiss. The company pointed out government entities and financial institutions are not subject to BIPA; however, Judge Kendall concluded in her order that this discrepancy was reasonable.

“The General Assembly’s decision to exclude certain entities from BIPA’s coverage is eminently rational,” the order explains. “The legislature could have excluded government agencies and contractors working for government agencies for any number of legitimate reasons.”

One reason, Judge Kendall pointed out, is there is no profit motive for government agencies to collect biometric identifiers. Financial entities, the order notes, are subject to heightened federal restrictions regarding privacy protections.

Have you provided a fingerprint scan to use a vending machine? Tell us about your experience in the comment section below.

The lead plaintiff and proposed Class Members are represented by Douglas M. Werman, Maureen Salas and Zachary Flowerree of Werman Salas PC.

The Vending Machine Privacy Law Class Action Lawsuit is Christine Bryant, et al. v. Compass Group U.S.A. Inc., Case No. 1:19-cv-06622, in the U.S. District Court for the Northern District of Illinois.

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