Security Company Sued Under Illinois Biometrics Law

On April 11, 2018, a putative class of employees led by Jacquette Smith (collectively, “Plaintiffs”) filed a lawsuit in Illinois state court alleging their employer, Andy Frain Services Inc. (“Defendant”), was collecting and storing their personal information through a finger-scan timekeeping device, in violation of the Illinois Biometric Information Privacy Act (“BIPA”).

Defendant is a security company based in Illinois which employs thousands of security personnel at several offices nationwide. Employees at the company are required to scan their fingerprints upon clocking in and out of work. The suit alleges, however, that Defendant has never obtained Plaintiffs’ express consent to do so or outlined its plans for the storage and destruction of their personal biometric information, in violation of the BIPA.

Plaintiffs’ suit is the latest BIPA case filed in Illinois in an upward trend of such cases. Dozens of BIPA cases have been filed in the state since June 2017. BIPA is the first state law of its kind regarding biometric privacy, and the only one that provides for a private right of action. Under BIPA, a person may recover $1,000 or actual damages (whichever is greater) for each negligent violation and $5,000 or actual damages (whichever is greater) for each intentional or reckless violation, as well as injunctive relief and attorneys’ fees.

The legal team at SFMS has significant experience litigating employment and class action matters. If you have any questions regarding this subject or this posting, please contact Nick Lussier ( or Chiharu Sekino ( We can also be reached toll-free at (866) 540-5505.

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Pearlman, Steven, Young, Eddie, and Alex Weinstein. “The New Wave Of Employee Biometrics Class Actions.” Law 360. Last modified on October 13, 2017.

Wood, Lauraann. “Security Co. Sees Biometric Privacy Suit Over Finger Scans.” Law 360. Last modified on April 12, 2018.