Walmart Hit with Another Time Clock BIPA Lawsuit

Walmart has been hit by another Biometric Information Privacy Act lawsuit. The company is accused of running afoul of Illinois’ biometric privacy law through its use of time and attendance tracking technology for workers.

Plaintiff Joann Davis says that she was required to use a fingerprint-scanning system to clock in and out of work as a Walmart employee, and that the company failed to obtain her consent for the collection of her biometric data, as required under BIPA. Walmart is also accused of failing to provide necessary disclosures concerning how it retains, uses, and disposes of biometric data.

The filing also suggests that the collection of workers’ biometric data is wrong in itself. “Fingerprint scans are unique, permanent biometric identifiers associated with each user that cannot be changed or replaced if stolen or compromised,” it states.

It is a class action lawsuit, with Davis filing on behalf of herself and other hourly wage workers who were employed by the retailer over the past five years.

The lawsuit, Joann Davis v. Walmart Inc., Case No. 1:24-cv-03373, in the U.S. District Court for the Northern District of Illinois, Eastern Division, was filed on April 25.

It’s not the first lawsuit of this kind that Walmart has faced; a similar one was brought against the company in 2022. Walmart has also been accused of violating BIPA through its alleged use of a biometric surveillance system, though that filing was quietly withdrawn in late 2022 without a settlement.

A number of other companies, many much smaller than Walmart, have also faced biometric time clock complaints under BIPA. The regulation allows for a private right of action and currently offers payouts for each individual biometric scan, incentivizing individuals to bring lawsuits against companies that make habitual use of biometric tech.

A proposed amendment could tamp things down, however. Currently moving through the Illinois legislature, the amendment would effectively remove the per-scan damages element of BIPA, and might make a significant impact on the number of claims brought forward in the future.

Source: Top Class Actions

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May 7, 2024 – by Alex Perala