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LEGAL NEWSLINE

Friday, March 29, 2024

Class action accuses Norfolk Southern of biometric privacy act violations

Federal Court
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CHICAGO (Legal Newsline) — A class action lawsuit was filed against Norfolk Southern Railway Co., alleging the company collected biometric data and violated the Illinois Biometric Information Privacy Act (BIPA).

Michael Wills, a truck driver who occasionally picked up and delivered to railyards owned by Norfolk, filed the lawsuit in Cook Circuit Court on Jan. 24. The case has since been removed to federal court.

Wills alleged in his complaint that Norfolk collected, captured and stored biometric data belonging to drivers like Wills and because the company failed to provide drivers with written disclosures, it violated BIPA.

The defendant did not obtain the informed consent of the truck drivers from which it took biometric data, which is a violation of BIPA, according to the suit.

Wills is seeking certification of his class action, as well as injunctive relief and statutory damages with pre- and post-judgment interest. He is represented by David Gerbie, Myles McGuire and Andrew Heldut of Chicago.

Cook Circuit Court case number 2020-CH-00990

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