Krispy Kreme Becomes Latest BIPA Target

A class action lawsuit has been filed against Krispy Kreme Doughnut Corporation by a former employee, Brian Krase, alleging the company violated the Illinois Biometric Information Privacy Act (BIPA).

The lawsuit claims that Krispy Kreme collected and stored employees’ fingerprints through a biometric timekeeping system without obtaining their explicit consent or providing necessary disclosures about how the data would be used and stored.

Krase, who worked as a delivery driver from September 2021 to October 2023, alleges that the company required employees to use a fingerprint scan for clocking in and out but failed to inform them about the purposes of data collection, storage procedures, and deletion timelines, as mandated by BIPA.

The lawsuit also accuses Krispy Kreme of potentially sharing biometric data with third parties for payroll management without employee consent.

Krase is seeking over $75,000 in damages, along with legal fees and an injunction to prevent Krispy Kreme from continuing these practices. The case is part of a broader trend of BIPA-related lawsuits against companies such as Amazon, Target, and Wingstop for similar violations.

The exact number of instances in which Krase’s biometric data was allegedly collected without his consent, and how this relates to the damages he is seeking, remains unclear. A proposed amendment to BIPA which is close to being signed into law, would hold companies liable per individual affected rather than per infraction.

Source: Top Class Actions

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June 11, 2024 – by Tony Bitzionis

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