$2.4 Million Crate & Barrel Settlement

Posted by: Brian Schaffer

A Cook County judge finalized a $2.4 million settlement resolving litigation alleging Crate & Barrel violated Illinois’ biometric information privacy act (BIPA). The lawsuit alleged that employees were required to scan fingerprints for timekeeping without written, informed consent.

What Did the Crate & Barrel BIPA Lawsuit Allege?

The lawsuit claimed that Crate & Barrel, under its corporate name Euromarket Designs Inc., didn’t obtain required consent or provide information about the purpose, storage, and destruction of biometric data. It also alleged that biometric information was shared with third-party payroll vendors without permission.

Who Is Covered by the Biometric Privacy Settlement?

Under the settlement, 1,796 class members were expected to receive payments. The class covers certain employees who used finger, hand, or palm scans to clock in and out at Crate & Barrel or CB2 locations in Illinois during the covered period.

What Employee Data Was at Issue?

The case was brought under the Illinois Biometric Information Privacy Act, which regulates the collection and handling of biometric identifiers and information.

An inquiry doesn’t establish that a claim exists, guarantee that the firm can accept the matter, or create an attorney-client relationship. This page provides general information, not legal advice. Don’t send confidential or time-sensitive information through an online form. Prior results don’t guarantee a similar outcome.

FREQUENTLY ASKED QUESTIONS

What does Illinois BIPA require before an employer collects fingerprints for timekeeping?

Illinois’ Biometric Information Privacy Act imposes requirements concerning the collection and handling of biometric identifiers and biometric information. Among other provisions, private entities generally must provide required written disclosures and obtain a written release before collecting or obtaining covered biometric data. The Crate & Barrel case alleged that employees used finger, hand, or palm scans for timekeeping without the required informed written consent. Whether a particular technology falls within BIPA parameters depends on the data and practices involved.

Is a fingerprint time clock covered by the Illinois Biometric Information Privacy Act?

It can be. BIPA specifically addresses biometric identifiers, including fingerprints, but the legal analysis depends on what the system collects or derives and how that information is handled. Employee timekeeping systems have generated substantial BIPA litigation because they may use fingerprint, hand, or palm data to identify workers. The Crate & Barrel settlement resolved allegations involving biometric timekeeping; a settlement itself doesn’t establish liability in every workplace using similar technology.

What should an employer disclose before collecting biometric data under BIPA?

BIPA includes notice-and-consent requirements as well as rules concerning retention and destruction policies and certain disclosures of biometric data. Before collection, a private entity generally must inform the person in writing that biometric data is being collected or stored, state the purpose and length of term, and obtain a written release. Additional provisions can govern possession, disclosure, storage, and destruction. The exact requirements should be evaluated against the statute and the organization’s practices.

Does a BIPA settlement mean every Illinois employee who used a biometric clock receives the same payment?

No. Settlement eligibility and payment amounts depend on the settlement class definition, the covered dates, the defendant’s records, deductions authorized by the agreement, and the court-approved allocation method. In the Crate & Barrel matter, the settlement covered a defined group of employees associated with the challenged timekeeping practices. Workers should rely on the settlement notice and administrator’s instructions rather than assuming that all biometric-clock users are covered or receive identical amounts.

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