A fire protection products distributor has reached a settlement in a biometric privacy lawsuit filed by a former delivery driver, marking another significant development in the ongoing wave of litigation under Illinois’ Biometric Information Privacy Act (BIPA). The settlement follows a February 2023 Illinois Supreme Court ruling that established a five-year statute of limitations for BIPA claims.
Jeffrey Schwartz filed the lawsuit against Viking SupplyNet in September 2023, alleging that the company violated BIPA by requiring him to scan his fingerprint for timekeeping purposes “at least twice per shift” without obtaining proper consent or providing mandatory disclosures about the collection and handling of his biometric data.
The case, which was initially filed as a potential class action on behalf of similarly situated employees, joins a growing trend of BIPA lawsuits targeting employers who use biometric time and attendance tracking systems. While the specific terms of the settlement remain confidential, the resolution comes at a time when Illinois courts continue to shape the interpretation and application of BIPA.
The timing of the settlement is particularly notable, as it follows a series of significant judicial decisions that have clarified various aspects of BIPA’s implementation. The Supreme Court’s recent ruling on the statute of limitations has provided clearer guidelines for both plaintiffs and defendants in BIPA cases, potentially influencing settlement decisions across similar pending lawsuits.
This case highlights the ongoing challenges faced by Illinois employers implementing biometric technology in the workplace, particularly as courts continue to enforce BIPA’s strict requirements for consent, disclosure, and data protection. The settlement serves as another reminder of the potential legal risks associated with biometric data collection practices in the workplace.
Source: Law360
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March 10, 2025 – by Ali Nassar-Smith
