Legacy Touch Lawsuit Alleges Remains of Deceased Were ‘Manipulated’ to Illegally Capture Fingerprints

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A proposed class action lawsuit alleges Legacy Touch, Inc. and three Illinois funeral homes have illegally “manipulated” the remains of deceased individuals in order to obtain, store and eventually disclose and misuse their fingerprints for commercial gain.

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The 55-page Legacy Touch lawsuit accuses the company, which advertises keepsakes or jewelry featuring the fingerprints of individuals who have died, and the Hughey, Glueckert and Kristan funeral homes of violating the Illinois Biometric Information Privacy Act (BIPA), and in the process denying consumers the right to make informed decisions about the final arrangements and dispositions of their deceased loved ones.

The lawsuit alleges Legacy Touch “encourages” partner funeral homes and cremation facilities to collect fingerprints without the knowledge or prior express consent of family members as a means to maximize profits—conduct the case calls an “unthinkable and unconscionable breach of trust and privacy.”

Related Reading: Legacy Touch Biometric Privacy Lawsuit Investigation

Rather than prepare the remains of the deceased lawfully and with dignity and respect, the suit says, the defendant funeral homes, at the behest of Legacy Touch, allegedly captured decedents’ BIPA-protected fingerprints and then proceeded to bombard proposed class members with unsolicited emails containing targeted advertisements about merchandise featuring their loved one’s fingerprints, in some instances many years after they passed.

“This case highlights a concerning trend in the mishandling and exploitation of biometric data,” the proposed class action lawsuitsummarizes. “Companies like Defendant Funeral Homes and Legacy Touch, Inc. exploit sensitive biometric data for commercial gain, disregarding the emotional vulnerability of grieving families and prioritizing profit over their legal, professional, and ethical duties.”

According to the lawsuit, Legacy Touch and the funeral homes have brazenly disregarded their customers’ privacy and violated the Illinois BIPA by, among other things, failing to create, publicly disclose and comply with a retention schedule and guidelines for destroying the collected biometric data; failing to inform consumers in writing about the specific purpose and length of time for the collection, storage and use of the fingerprints; collecting, storing and using the fingerprints without first obtaining an express written release from customers to do so; and disclosing and profiting from the biometric data.

Per the case, one of the primary regulatory frameworks for the funeral industry in the United States is the Federal Trade Commission (FTC) Funeral Rule. The complaint explains that the FTC Funeral Rule is designed to protect consumers during such difficult periods by requiring funeral service providers to provide “clear, itemized pricing information and to inform consumers about their rights when making funeral arrangements.”

Baked into the rule is a definition for “funeral goods,” which by law are goods sold or offered for sale to the public for use in connection with funeral services, the case shares.

Further, the Illinois Funeral Directors and Embalmers Licensing Code sets the standards and requirements for funeral directing and embalming in the state, and outlines the ethical and professional standards those in the industries must follow, the suit relays.

“This includes the proper handling and disposition of human remains, adherence to health and safety regulations, and maintaining accurate and confidential records,” the biometric privacy lawsuit stresses. “Additionally, it prohibits deceptive practices and ensures that consumers are fully informed about their rights and options when making funeral arrangements.”

According to the case, Legacy Touch aids its funeral home partners in collecting fingerprints from deceased individuals with its LT SmartScan device, which captures high-quality fingerprints and automatically generates personal identification numbers. The company also has an online portal that includes comprehensive guides for fingerprint capture methods and other resources, including legal advice, for funeral providers, the suit says.

The lawsuit alleges documents provided by Legacy Touch to funeral providers instruct them to capture fingerprints “as early in the process as possible” without informing or seeking consent from next of kin or legal representatives, and then ask for permission to take the fingerprints after they’ve already been captured.

Legacy Touch, apparently aware that this practice has the potential to significantly upset families, provides funeral providers with a “family notification template” that serves to further mislead consumers and “downplays the unauthorized collection of biometric data,” the case charges, calling the notice “patronizing” given that it essentially makes the decision on behalf of consumers.

The Legacy Touch fingerprints lawsuit looks to cover all individuals who, within the applicable statute of limitations period, were subjected to the defendants’ “deceptive and unfair business practices” and are the next of kin or legally authorized representatives of deceased individuals whose biometric information or fingerprints were collected, captured, stored, sold, profited from and/or disclosed by or on behalf of the funeral home defendants and/or Legacy Touch without prior consent.

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