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Protecting employee privacy rights in the technological age

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The vast majority of Americans place a significant value on their privacy. This value extends to many spheres of life: including privacy at home, online privacy and privacy at work, to name a few.

The issue of privacy at work becomes more challenging to maintain in the era of biometric information. Since the regular use of biometric information is relatively new outside of criminal investigations, the law has work to do in order to catch up and provide clarity in this emerging area of law.

A Recent Illinois Lawsuit

According to an article in HRdrive.com, employees are bringing a lawsuit against their employer Roundy’s Supermarkets, Inc. The allegations claim that the supermarket chain’s practice of taking employee’s fingerprints is in violation of Illinois law.

The specific law involved is the Biometric Information Privacy Act (BIPA), which places strict regulations on employers obtaining and keeping biometric information such as fingerprints, DNA and the like.

The Potential Impact of this Case

There are numerous problems with biometric information being obtained and held by employers. In addition to the possibility of discrimination based on genetic information, the article points out the problem of security. With HR departments holding self-identifying information for countless employees, without adequate security to prevent highly ambitious thieves from targeting this information, the potential problems are obvious.

We will watch this case with great interest. With the extraordinary importance of protecting the privacy rights of employees, this case could have profound impact on the emerging state of law in this area.

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Settlement

TCPA class action against the Los Angeles Times. Final approval granted 2014.

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$750,000
Settlement

Common fund class-wide TCPA settlement against home healthcare provider. Final approval granted.

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$27.6M
Settlement

TCPA class action certified on behalf of approximately 2,000,000 class members under Rule 23(b)(2) and (b)(3). Subsequently settled on a Rule 23(b)(2) and (b)(3) basis. Final approval granted.

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$5.2M
Settlement

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Unruh Act class action on behalf of approximately 240,000 consumers challenging Tinder’s age-based differential pricing for its subscription service. Final approval granted; subsequently went up on appeal.

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$390,000
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TCPA class action alleging HD Supply sent unauthorized marketing text messages to consumers’ mobile phones without consent between October 21, 2011 and July 26, 2017. Presided over by Judge Fernando M. Olguin. Case terminated January 29, 2018.

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$1,500,000
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TCPA class action against a Kansas-based payday lender alleged to have contacted consumers via prerecorded calls on their cell phones to collect alleged debts without consent. California federal judge granted final approval.

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$6,500,000
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Cal. Penal Code § 632.7 class action certified by contested motion under Rule 23(b)(2) and (b)(3) on behalf of over 40,000 class members whose calls were recorded without their knowledge or consent. Final approval granted.

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$13,000,000
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$13 Million Class action alleging HSBC recorded consumer telephone calls without knowledge or consent in violation of California’s Privacy Statute (Penal Code § 632.7). California Federal Judge granted final approval.

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$34,000,000
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One of the largest TCPA class action settlements in U.S. history at time of approval. Alleged Chase used an automatic telephone dialing system to contact consumers on their cell phones without prior express consent from July 2008 through December 2013. Settlement class included over 32 million members. Final approval granted March 2016.

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$150,000,000
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Class action on behalf of over 100,000 owners of GM vehicles equipped with allegedly defective LG-manufactured batteries posing fire and safety risks. Litigation commenced December 2020. U.S. District Judge Terrence G. Berg indicated preliminary approval of the $150 million settlement.

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$100,000,000
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Landmark gig-economy class action. DoorDash drivers in California and Massachusetts alleged they were wrongly classified as independent contractors rather than employees. Firm served as class counsel. Final approval granted January 13, 2022 — the largest gig-economy worker class settlement in U.S. history at the time.

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