Lawsuit Against Krispy Kreme for Illegal Biometric Data Use

ILLINOIS – A former delivery driver for Krispy Kreme has filed a lawsuit against the popular donut chain, accusing it of illegally collecting employees’ fingerprints in Illinois. The plaintiff, Brian Krase, initiated the legal process on March 31 in a federal court, citing violations of the Illinois Biometric Information Privacy Act (BIPA).

BIPA sets clear guidelines on how companies should handle biometric data, such as fingerprints, voiceprints, and facial scans. Krase alleges that Krispy Kreme implemented a timekeeping system that used fingerprint or hand geometry scans to track employees’ attendance. However, the company allegedly did not obtain the workers’ express consent or inform them about the use and storage of this data, thus violating state law.

The former employee worked as a driver for Krispy Kreme in Illinois from September 2021 to October 2023. According to his statement, upon hiring, he was required to enroll in a biometric timekeeping database, using his fingerprint or hand to clock in and out. Krase claims he never signed a written authorization for the collection of his biometric data. He also asserts that his biometric identifiers might have been shared with a third party for payroll management without his consent.

Krase fears that, with technological advancements, he could lose even more control over his biometric data, facing “incalculable detrimental consequences.” This concern has led him to seek compensation exceeding $75,000, in addition to fees, legal costs, and an injunction to halt Krispy Kreme’s allegedly illegal practices.

Krispy Kreme is not the only company facing lawsuits under BIPA. Recently, consumers have sued large corporations like Amazon, Target, Wingstop, Domino’s Pizza, and ConverseNow Technologies for similar violations. In March, BNSF Railway Co. agreed to pay $75 million to settle claims over the illegal collection of truck drivers’ fingerprints in Illinois.

This lawsuit against Krispy Kreme underscores the importance for companies to strictly adhere to biometric privacy laws, protecting employees’ rights and avoiding severe legal and financial repercussions from non-compliance.

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