A federal court in Illinois has ruled that a lawsuit against HMD Trucking Inc. can move forward, allowing claims under the state’s Biometric Information Privacy Act (BIPA) to proceed. The case involves the company’s use of facial scanning technology for employee timekeeping and identification, which the plaintiff alleges was deployed without proper notice or written consent.
Facial Scans and BIPA Compliance
The lawsuit, *Eskridge v. HMD Trucking, Inc.*, was filed in the U.S. District Court for the Northern District of Illinois. In a decision issued on May 30, Judge Manish S. Shah denied HMD Trucking’s motion to dismiss. The court found that the plaintiff had plausibly alleged that the facial scan data collected constituted “biometric identifiers” as defined under BIPA, triggering the law’s protections.
Illinois’ BIPA statute requires that companies collecting biometric information – such as fingerprints, facial scans, or iris data – must first provide written notice detailing how the data will be used and stored. They must also inform individuals of the data retention period and obtain their written consent before collection. Companies that fail to comply can face statutory damages of $1,000 per violation for negligence, or $5,000 for reckless or intentional misconduct.
The HMD case is part of a broader trend of BIPA-related litigation across Illinois. Courts have allowed similar lawsuits to proceed against employers using biometric time clocks or facial recognition systems, particularly where proper disclosures were allegedly lacking.
Industry Risks and Legal Exposure
This case also highlights growing legal exposure for companies operating in Illinois. In recent months, some trucking technology providers have introduced features that disable biometric systems when vehicles enter the state, aiming to reduce BIPA-related risk.
Adding to those concerns, Illinois courts have found that general liability insurance policies may not cover BIPA violations. As a result, businesses could face substantial out-of-pocket costs if found in violation of the law.
The HMD Trucking lawsuit will now move into the discovery phase, where the company will be required to provide information about its biometric data practices. The outcome could have implications for other firms in the transportation and logistics sectors that use facial recognition or other biometric technologies for workforce management.
Sources: Law360, Justia Legal Records
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June 3, 2025 – by Ali Nassar-Smith
