News

Wendy's target of Illinois class action suit around employee fingerprinting

September 24, 2018

Wendy's International has been named as the defendant in a class-action case filed in an Illinois Circuit Court, which claims that the QSR is violating the state's Biometric Information Privacy Act when it collects employees' fingerprint without a written release, according to topclassactions.com. 

The suit, which the website said has been filed in Cook County Circuit Court by plaintiffs Martinique Owens and Amelia Garcia, alleges that the burger chain fails to obtain written releases from employees when collecting their fingerprints for time clock log-ins. It also said the company fails to tell employees how long their fingerprints remain stored.

"Unlike key fobs or identification cards — which can be replaced if stolen or compromised — fingerprints are unique, permanent biometric identifiers associated with the employee," the suit stated, according to the website. "This exposes employees to serious and irreversible privacy risks."

The plaintiffs alleged that the fingerprint data is susceptible to hacking but is still required by the company to log employee hours and open cash registers. The complaint stated that Wendy's does not tell employees how long their biometrics will be stored, thus the suit alleges employees never know if their private information will be stored indefinitely. 

The state law the suit is filed under requires a business that obtains fingerprints (or other biometric identifiers) to give those they are taken from a document stating why the prints were taken, how long they will be stored and when they will be permanently destroyed. The suit said the company also must obtain written permission to take the prints. 

The plaintiffs seek to represent "All residents of the State of Illinois who had their fingerprints collected, captured, received, otherwise obtained, or disclosed by Wendy's while residing in Illinois."

Wendy's did not return a request for information and comment from this website.