Biometrics vendors named in Illinois privacy lawsuits

Biometrics vendors serving customers in Illinois should be aware that suits targeting time-and-attendance system suppliers are the latest flavor of BIPA class actions, according to the Cook County Record.

A pair of lawsuits were filed recently in Cook County Circuit Court, one against Texas-based Timeclock Plus, and one against North Carolina-based iSolved HCM LLC, each alleging that the technology vendor is liable for statutory violations of the biometric privacy act’s informed consent rules.

Among the hundreds of lawsuits against employers in the state, the Record reports dozens also name the companies supplying biometric punch clocks and software. ADP and Kronos have each been named as co-defendants along with their customers, but both have also since been hit with suits individually. A suit was also filed against California-based biometric system vendor NovaTime Technology in August.

Kronos has already filed a motion to dismiss a suit in which it is one of multiple defendants, calling the suits against it individually “the epitome of gamesmanship.” Multiple class actions against Kronos are pending in federal court, and one against ADP is pending in Cook County.

ADP already won dismissal of a case in Cook County Court in which the employer had been dropped as a defendant, with the judge calling it “arguably absurd” that the company should be liable for protecting the rights of plaintiffs it has no direct relationship with. The plaintiffs in that case have amended and refiled their claim. There is no precedence, at least yet, for biometrics vendors or any other third party to be found liable for damages under BIPA.

Article Topics

Biometric Information Privacy Act (BIPA)  |  biometrics  |  data collection  |  lawsuit  |  legislation  |  privacy  |  time and attendance