Hospital maintenance company faces latest potential class action suit under Illinois biometrics law
Pennsylvania-based hospital housekeeping company Xanitos Inc. is the latest company hit with a potential class-action law suit under Illinois’ Biometric Information Privacy Act (BIPA) for alleged violations relating to its employee timekeeping system, JD Supra reports.
According to the suit, Xanitos required fingerprint scans for employees clocking in and out of shifts, but did not provide employees with notice or obtain the proper written consent for collecting biometric data, or disclose a retention schedule for that data. The plaintiff is seeking the $1,000 per violation maximum plus attorney’s fees and costs for each proposed member of the class, which would include any Illinois resident who had biometrics collected by Xanitos.
Allowable damages are up to $1,000 per violation, unless they are considered reckless or intentional, in which case the limit rises to $5,000 each.
SB 3053, a bill which would amend BIPA to exempt companies from compliance under a range of circumstances, including biometric use for employee time and attendance and fraud prevention, has languished in the state legislature since being re-referred to Assignments in April.
The Internet Association weighed in on Facebook’s ongoing BIPA lawsuit last month, saying it could have a chilling effect on biometrics use.