Old Dominion settles lawsuits alleging violations of Illinois’ biometrics privacy law

Old Dominion Freight Line is the latest transportation company to end a lawsuit alleging violations of Illinois’ Biometric Information Privacy Act.

In December, Old Dominion and a class of current and former employees of the trucking company filed a joint notice of settlement in an Illinois federal court. The employees accuse the company of unlawfully keeping biometric information collected by its time clocks.

At the center of the lawsuit is Illinois’ Biometric Information Privacy Act. Enacted in 2008, the law prohibits companies from collecting, capturing, purchasing, receiving through trade or otherwise obtaining a person’s biometric information unless the private entity:

1. Informs that person in writing that identifiers and information will be collected and/or stored
2. Informs the person in writing of the specific purpose and length for which the identifiers or information is being collected, stored or used
3. Receives a written release from the person for the collection of that data
4. Publishes publicly available written retention schedules and guidelines for permanently destroying said data

According to the lawsuit, Old Dominion employees must scan their fingerprints to use the time clock. Consequently, the time clock system captures, collects and stores their biometric identifiers.

However, employees suing the company claim Old Dominion violated the Biometric Information Privacy Act by failing to maintain a public policy regarding data retention and destruction protocols.

They also claim they never gave written consent or received written notices as required by law.

The complaint was filed in April 2023 and contains four counts, each count representing a violation of the four Biometric Information Privacy Act requirements. Old Dominion moved to dismiss the case, and in July 2024, the court dismissed the claim relating to public retention and destruction schedules. Remaining claims regarding written notice and consent were allowed to proceed.

As of Jan. 3, only a notice of settlement has been filed, with no details provided. A motion for preliminary approval, which will likely include settlement amounts and conditions, is expected to be filed in the near future.

Old Dominion’s settlement agreement follows several other similar lawsuits filed by truck drivers against railroad and intermodal companies, the largest of which involved BNSF Railway Company.

In June 2024, a federal court signed off on a $75 million settlement between BNSF and tens of thousands of truck drivers. The settlement came nearly one year after the judge vacated the jury award of more than $200 million. A jury found that BNSF violated the Biometric Information Privacy Act.

The same trucker who filed the BNSF lawsuit also filed a similar lawsuit against CSX Intermodal Terminals. In November 2020, the case was moved from a federal court to an Illinois state court to proceed with a settlement agreement.

Truckers entering certain Union Pacific Railroad facilities filed a Biometric Information Privacy Act lawsuit in January 2020. That case remains active, with the named plaintiffs still seeking class-action status. LL