Real Estate Company Coldwell Banker Collected Employees’ Fingerprints Without Permission, Class Action Lawsuit Says

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Coldwell Banker faces a proposed class action that alleges the real estate brokerage firm has violated an Illinois privacy law by collecting, storing and using employees’ fingerprint scans without consent.

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The 14-page lawsuit claims that since at least 2017, Coldwell Banker has required workers to scan their fingerprints on biometric-enabled KeyTrack lock boxes each time they wish to access or return keys to available rental units in connection with a showing.

The suit contends that the real estate company has run afoul of Illinois’ Biometric Information Privacy Act (BIPA) by capturing and storing employees’ biometric data without first providing written notice and obtaining informed consent.

The case also charges that Coldwell Banker has failed to maintain publicly available policies that outline how long the biometric information will be retained and when it will be deleted, as required under the BIPA.

The plaintiff, an Illinois resident who formerly worked as a real estate broker for Coldwell Banker, says the company’s data-collection practices were never properly disclosed to him. In addition, the man never authorized Coldwell Banker to capture, store or use his personal data in any capacity, the complaint alleges.

The lawsuit looks to represent anyone who had their fingerprint scanned at any of Coldwell Banker’s Illinois facilities within the applicable statute of limitations period.

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