Namuwonge v. Kronos, Inc.

Namuwonge v. Kronos, Inc.

Opinion

 [*281]  MEMORANDUM OPINION AND ORDER

Plaintiff Aisha Namuwonge filed a class action complaint against defendant Kronos, Inc. alleging violations of the Illinois Biometric Information Privacy Act ("BIPA"), 740 ILCS 14/1, et seq. Kronos moves to dismiss the class action complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the motion is granted in part and denied in part.

Background

The following facts are summarized from the complaint and taken as true for the purpose of deciding this motion. Defendant Kronos is a leading provider in workforce management software and services. The corporation is best known for its devices  [*282]  that enable employers to process payroll and track employee time. Kronos provides Brookdale Senior Living, Inc. with an employee timekeeping system. Brookdale operates and owns over 1,000 senior living [**2]  communities in the United States.

Namuwonge began working as a utility worker for a Brookdale facility in Cook County, Illinois on February 11, 2019. Brookdale requires employees to enroll in its database system, supplied by Kronos, that scans their fingerprint as a means of authenticating and monitoring time worked. Namuwonge and other Brookdale employees scanned their fingerprint each time they clocked in and clocked out for work. Brookdale subsequently stored Namuwonge's fingerprint data in its Krono database. Namuwonge was never provided with nor signed a written release allowing Kronos or Brookdale to collect, store, use, or disseminate her biometric data.

Based on information and belief, Namuwonge alleges that Brookdale failed to inform their employees that they disclose the employees' fingerprint data to third party vendor Kronos. Namuwonge further alleges, also based on information and belief, that Kronos failed to inform Brookdale employees that Kronos disclosed their fingerprints to other third parties, which host data in their data centers. Kronos failed to provide Brookdale employees with a written, publicly available policy explaining their retention schedules and guidelines [**3]  for permanently destroying biometric data in their possession. Namuwonge further alleges that because Kronos "neither publish[es] a BIPA-mandated data-retention policy nor disclose[s] the purposes for their collection and use of biometric data, Brookdale employees have no idea whether any Defendant sells, discloses, re-discloses, or otherwise disseminates their biometric data." (Dkt. 1-1, Compl. ¶ 41.)

On April 5, 2019, Namuwonge initiated this class action lawsuit against Kronos in the Circuit Court of Cook County, Illinois, alleging three separate violations of BIPA's provisions: 740 ILCS 14/15(a), (b), and (d). Namuwonge, individually, and on behalf of the class, seeks to recover liquidated damages of $1,000 or actual damages, whichever is greater, for negligent violations and $5,000 or actual damages, whichever is greater, for intentional or reckless violations. 740 ILCS 14/20. Kronos removed this lawsuit to federal court. Now, Kronos moves to dismiss the class action complaint for failure to state a cause of action upon which relief can be granted.

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