Some businesses, employers, and mobile apps are collecting Illinois consumers' fingerprint, handprints, voice prints, and facial geometries. An Illinois privacy statute, the Illinois Biometric Information Privacy Act, requires everyone to first obtain written consent to collect such biometric identifiers.

Under the Illinois Biometric Information Privacy Act, an Illinois resident may be eligible to receive up to $5,000 per violation. 

Edelson PC is investigating claims on behalf of:

• Employees who are required to "clock" in and out by using a biometric identifier such as a faceprint or fingerprint scan
• Consumers using biometric temperature scanners
• Consumers "verifying" their identities on mobile apps by providing a "selfie" and a photograph of an ID card
• Consumers "verifying" their identities via their voice when contacting support call centers

Contact us for a free case review.

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There are serious and irreversible privacy risks in collecting biometric identifiers, such as fingerprints, handprints, and face scans. Unlike an identification card that can be easily replaced, biometric identifiers are unique identifiers permanently associated with an individual. For instance, if a fingerprint database is hacked, breached, or exposed, consumers have no means by which to prevent identity theft and unauthorized tracking.

Therefore, Illinois enacted the Biometric Information Privacy Act, or BIPA, which regulates how companies collect and store Illinois residents' biometric identifiers. Specifically, a company collecting biometric identifiers must:

• Inform the consumers in writing of the specific purpose and length of time for which their biometric identifier is being collected, stored, and used;

• Provide a publically available retention schedule and guidelines for permanently destroying a consumer's biometric identifiers; and

• Receive a written release from the consumer to collect, capture, obtain, or disclose his or her biometric identifiers. 

A violation of any of these provisions may give rise to a violation under the BIPA and recover $1,000 for each negligent violation or $5,000 for each willful and reckless violation.

We represent individuals in various class actions against employers and time-clock companies that collect consumers' biometric information without first obtaining appropriate consent. 

We reached a $650 Million settlement in principle in the pending Facebook biometric privacy class action (In re Facebook Biometric Information Privacy Litigation (15-cv-03747-JD) (N.D. Cal.)). 

We represent individuals in various class actions against mobile apps that collect biometric information without first obtaining appropriate consent

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