An Illinois appeals court has upheld class certification in a biometric privacy lawsuit against ITS Technologies & Logistics, LLC, allowing more than 800 current and former workers to collectively pursue claims under the state’s Biometric Information Privacy Act (BIPA). The ruling, issued June 24, 2025, in McGivney v. ITS, marks another step forward in BIPA enforcement for workplace time-tracking systems.
The plaintiffs allege that ITS required employees to use biometric time clocks that captured and stored their fingerprints or hand geometry without first obtaining informed written consent, as mandated by BIPA. The appellate court agreed that the case met the necessary conditions for class certification, including common legal questions and representative adequacy. It concluded that the central issue – whether ITS’s biometric practices violated BIPA – was “suitable for, if not demanding of, class-wide resolution.”
Legal and Financial Implications
If the plaintiffs prevail, each class member could receive statutory damages of $1,000 for negligent violations or $5,000 for reckless or intentional ones. A 2024 amendment to BIPA now limits these damages to one award per person rather than per biometric scan, though courts are still determining whether that rule applies retroactively to pending cases.
The case highlights the continued scrutiny of workplace biometric systems. Despite legal risks, the use of fingerprint and facial recognition technology for time and attendance tracking continues to grow. Recent industry developments suggest expanding deployment of these tools, even as lawsuits mount.
Part of a Larger Trend in BIPA Enforcement
The ITS decision joins a series of high-profile BIPA actions in Illinois. In March 2025, a federal court granted final approval for a $51.8 million settlement with Clearview AI over the unauthorized collection of facial biometric data. And in June 2025, a judge allowed a BIPA case to proceed against HMD Trucking over its use of driver-facing cameras.
The ITS case now enters further litigation phases, including formal notice to class members, discovery, and potential motions or settlement talks. Its outcome could shape how employers implement biometric systems in compliance with evolving privacy laws across Illinois.
Sources: Illinois Courts, Law 360, For The People
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By the ID Tech Editorial Team
