Compass Group Class Action Says Vending Machines Violate Law

A class action lawsuit against Compass Group USA Inc. claims that the food service company violated Illinois’ Biometric Information Privacy Act by collecting thumbprints via vending machines and not informing customers about the collection of the data. 

The Compass Group vending machines class action lawsuit was filed by Jennifer Kessler who says she purchased food through Compass biometric vending machines.

The vending machine reportedly collected her thumbprint, which she says qualifies as biometric data. Kessler asserts that Compass Group violated her privacy by not informing her of the company’s biometric information policies, including how the thumbprint would be used, how long it would be stored, and how it would be disposed of.

Allegedly, Compass Group’s vending machines require customers to provide a thumbprint to use them and after the thumbprint is initially collected, the customer then can scan their thumb into other Compass vending machines.

Kessler says that she did not fully understand or did not know that her biometric information would be kept, arguing that Compass’s practice of collecting the thumbprints is invasive and coercive.

The Compass vending machines class action lawsuit explains that Illinois enacted the Biometric Information Privacy Act in 2008 in an effort to protect its citizens’ privacy as businesses increasingly used biometric information in a variety of transactions.

The law requires those who collect biometric information to inform customers in writing how the information will be used, stored, and destroyed.

According to Kessler, Compass should have taken notice of the Biometric Information Privacy Act, and should have stopped collecting and storing the information in the way it had before the law was passed. 

Kessler argues that her privacy and other customers’ privacy was violated because her biometric information was put at risk.

Stressing the high stakes of biometric privacy information exposure, the thumbprint capture vending machines class action lawsuit says that “no amount of time or money can compensate [Kessler] if her biometric data is compromised” by Compass’ lax procedures.

She notes that the BIPA allows individuals to seek compensation for a violation of the law, and does not require that individual to provide that they suffered actual injury in the course of the law’s violation.

Specifically, she seeks up to $1,000 for every negligent violation of the BIPA, and up to $5,000 for every willful violation of the BIPA, as she says the law allows.

Previously, another customer took issue with the Compass Group’s policies around its vending machines, and filed a class action lawsuit saying that the company charges hidden fees. 

Has your biometric information ever been collected? Were you informed of how it would be used? Share your thoughts in the comment section below.

Kessler is represented by Brandon M. Wise and Paul A. Lesko of Pfeiffer Wolf Carr & Kane APLC. 

The Compass Group Fingerprint Vending Machines Class Action Lawsuit is Kessler v. Compass Group USA Inc., Case No. 2020CH01089, in the Circuit Court of Cook County, Illinois.

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