Two More Businesses Face Time Clock BIPA Lawsuits

Two additional companies are facing BIPA lawsuits over biometric time and attendance tracking technology.

One of them, Anviz Global Inc., is a supplier of workforce management solutions, including a face-based system for clocking in and out of work. It’s now facing a class action lawsuit from an employee of one of its customers. The plaintiff, Keesha Steptour, argues that Anviz did not provide disclosures concerning its data collection practices, and did not obtain her written consent for its collection of her biometric data—requirements under Illinois’s Biometric Information Privacy Act.

The other lawsuit concerns Supply Network Inc., a fire sprinkler components distributor operating under the brand Viking SupplyNet. The plaintiff, Jeffrey Schwartz, likewise alleges that Supply Network never provided the required disclosures nor obtained written consent with respect to its use of a time clock system that collected “fingerprint or hand geometry”.

Supply Network had tried to have the case dismissed based on judicial estoppel, laches, and ripeness. Judicial estoppel prevents a party from contradicting their previous legal assertions to gain an advantage, laches bars claims by parties who have unreasonably delayed in asserting their rights, and ripeness refers to a case being sufficiently developed for judicial resolution.

A judge for the US District Court for the Northern District of Illinois rejected those arguments, clearing the way for the case to move forward.

These are the latest in a massive trove of lawsuits filed under similar grounds, with Illinois’s biometric privacy law allowing a private right of action, which means lawsuits can be brought by citizens, and not just state actors such as an Attorney General. The possibility of claiming damages based on each individual biometric scan has added fuel to the fire, but state lawmakers are currently mulling an amendment that would tamp down this aspect of BIPA.

Sources: Bloomberg Law¹,², Justia

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May 3, 2024 – by Alex Perala

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