Class Action: Illinois KFC, Taco Bell, Pizza Hut Restaurants Collected Employee Fingerprints Without Consent

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A proposed class action alleges the operator of a number of KFC, Taco Bell and Pizza Hut franchises in the Midwest and Southeast has collected Illinois employees’ fingerprints without consent. 

Specifically, the 14-page lawsuit alleges JRN, Inc. has run afoul of the Illinois Biometric Information Privacy Act (BIPA) by failing to make certain mandatory disclosures prior to collecting, obtaining, storing or using workers’ fingerprints for timekeeping purposes.

According to the case, JRN failed to inform restaurant employees in writing that their biometric information would be collected or stored and the purpose and length of time for which their information was being collected, stored and used. Moreover, the company failed to receive a written release from Illinois workers prior to collecting their fingerprints, the suit claims. 

Per the case, JRN uses a biometric timeclock system to track employees’ work hours. The suit says that although this is an effective way for the company to save money, collecting biometric data such as fingerprints improperly harms the privacy rights of employees, who would bear the impact should their unique biometric information be stolen. 

“Defendant JRN’s intentional, reckless, or negligent failure to provide employees with: (i) the BIPA-required written notice that their biometric information would be collected, stored, and used; (ii) information regarding the specific time and purpose for which such biometric information would be stored and used; and (iii) to obtain its employee’s express written release for the collection, storage, and use of their biometric information, all violated BIPA.” 

The complaint states that the plaintiff worked at JRN’s Harrisburg, Illinois KFC location from September 2008 through April 2021 and was never asked for consent nor provided any mandatory disclosures prior to her fingerprints being collected. 

The lawsuit looks to represent all individuals who, while residing in Illinois and employed by JRN, Inc., had their fingerprints collected, captured, stored or otherwise used by the company. 

According to the filing, JRN employs hundreds of workers at its restaurants in Illinois and has had “ample opportunity” to comply with the BIPA since the state law was passed in 2008, yet “intentionally chose not to do so.” 

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