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OHM Concessions Group, others allegedly violated Illinois biometric law with timekeeping system

By Jenie Mallari-Torres | Jan 28, 2019

CHICAGO (Legal Newsline) – An Illinois woman has filed a third amended class action complaint over allegations her employer unlawfully collected her biometric information without her informed written consent.

Sylvia Komorski filed a complaint individually and on behalf of similarly situated individuals Dec. 10 in the Cook County Circuit Court against OHM Concessions Group LLC, Cross Match Technologies, OHM Chicago Inc. and Global Payments Inc. citing the Illinois Biometric Information Privacy Act and other counts.

According to the complaint, the plaintiffs allege the OHM defendants and their biometric technologists Heartland and Cross Match capture, store, use and/or disseminate biometric information of the plaintiff and others without their informed written consent as required by law.

The plaintiff alleges she worked at restaurants in Illinois operated and owned by OHM and she was required to scan her fingerprints and/or other biometrics for timekeeping purposes.

The plaintiff holds OHM Concessions Group LLC, et al. responsible because the defendants allegedly failed to inform the class in writing prior to their biometrics being collected and stored, failed to inform the class in writing the specific length of term their biometrics were being captured, collected, stored, and used and failed to obtain informed consent to disclose or disseminate the class members’ biometrics.

The plaintiff requests a trial by jury and seeks judgment against defendants; certify class action; declaratory, injunctive and equitable relief; statutory damages of $5,000 for each willful and/or reckless violation and $1,000 for each negligent violation of the BIPA; attorneys’ fees; costs; and other litigation expenses; interest; and other relief as the court deems just. She is represented by Myles McGuire and Jad Sheikali of McGuire Law PC in Chicago.

Cross Match Technologies removed the case to the U.S. District Court for the U.S. District Court for the Northern District of Illinois, Eastern Division on Jan. 8.

Cook County Circuit Court case number 17-CH-12838

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Circuit Court of Cook County U.S. District Court for the Northern District of Illinois, Eastern Division

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