Class Action Claims Americold Logistics Violated Ill. Privacy Law by Collecting Worker Fingerprint Scans

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A proposed class action claims Americold Logistics, LLC has collected scans of workers’ fingerprints for timekeeping purposes without first providing proper disclosures and obtaining informed written consent to do so.

According to the lawsuit, the defendant, who specializes in solutions for the temperature-controlled supply chain industry, has violated the Illinois Biometric Information Privacy Act (BIPA), a law that aims to protect state residents’ biometric privacy rights by setting strict disclosure and consent requirements for entities who collect, store and disseminate biometrics such as fingerprints.

“Compliance with BIPA is straightforward and may be accomplished through a single, signed sheet of paper,” the complaint states. “BIPA’s requirements bestow a right to privacy in biometrics and a right to make an informed decision when electing whether to provide or withhold biometrics.”

In enacting the BIPA, the Illinois legislature recognized that biometrics are biologically unique to each individual and, once compromised, cannot be changed or replaced, the lawsuit explains. Thus, individuals whose biometrics are compromised have “no recourse” and face an increased risk of identity theft, the suit says.

According to the case, Americold has fallen short of the BIPA’s requirements by collecting scans of employee fingerprints without first:

• Informing the workers in writing that their biometric information will be collected and stored;
• Informing the workers in writing of the specific purpose and length of time for which their data is being collected, stored and used;
• Receiving a written release from each employee allowing for the collection of their biometric information; and
• Publishing a publicly available retention policy and guidelines outlining how and when the data will be permanently destroyed.

The plaintiff says she worked at the defendant’s Monmouth, Illinois facility between April 2017 and November 2020. During the plaintiff’s employment, Americold implemented biometric scanning and time-tracking devices to manage its employees’ work hours, the suit relays. According to the case, the plaintiff was required to scan her fingerprints each time she clocked in and out of her shift.

The plaintiff alleges she and other workers were never provided with proper disclosures concerning the collection and dissemination of their biometric information and never consented to any biometric information collection practices. 

“To this day, Plaintiff is unaware of the status of the biometrics obtained by Defendant,” the complaint reads. “Defendant has not informed Plaintiff whether it still retains Plaintiff’s biometrics, and if it does, for how long it intends to retain such information without Plaintiff’s consent.”

The lawsuit, which was removed from Warren County, Illinois Circuit Court to the state’s Central District Court, looks to represent anyone whose biometrics were captured, collected, stored, used, transmitted or disseminated by or on behalf of Americold Logistics in Illinois within the applicable statute of limitations period.

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