Illinois Appellate Court Grants Class Cert in BIPA Railway Workers Case
Affirming a circuit court's earlier ruling, an Illinois appellate court Tuesday certified class for railway workers who want to file a class-action suit claiming violations of the state's Biometric Information Privacy Act (BIPA). Plaintiffs in case 1-24-1961 allege that railway industry service provider ITS Technologies' use of employee biometric information for time clocks violates the state statute.
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"The record shows that plaintiff’s interests are aligned with the other class members here," as they are all "seeking statutory damages for violations of the BIPA based on defendant’s alleged improper collection of [their] biometric data," Justice Nathaniel Howse said. "More importantly, defendant has not submitted any evidence to show plaintiff does not meet those criteria ... [ITS] has failed to show that the circuit court clearly abused its discretion when it found plaintiff to be an adequate class representative."
Presiding Justice Rena Marie Van Tine and Justice Margaret Stanton McBride concurred in the judgment.