Federal Judge Denies Dismissal of BIPA Class Action Lawsuit Against Delta Airlines Baggage Handler
A federal judge has denied dismissal of a class action lawsuit brought against DAL Global Services LLC by a former airport baggage handler saying the company violates the Illinois Biometric Privacy Act (BIPA) by mandating employees to clock in and out using a fingerprint scanner.
Judge’s Ruling to DAL’s Dismissal Appeal
DAL — which provides baggage services to Delta Airlines — said in its request to dismiss that the plaintiff’s case was preempted by federal law, which prevents states from enforcing airline service-related regulations.
U.S. District Judge Matthew Kennelly denied DAL’s appeal, who wrote that BIPA does not expressly refer to airline-related services in any way, shape, or form. And it has a small impact on DAL’s services or prices.
DAL asserts that its usage of biometric identification contributes to security by assuring that only authorized personnel handle air travelers’ baggage. However, assuming this is a service within the definition of the ADA, there is no suggestion that BIPA’s requirements have any effect on it, much less a significant impact, Kennelly said.
Kennelly also dismissed DAL’s arguments that the Illinois Workers’ Compensation Act excluded the case, and he rejected DAL’s assertion that Nseumen, the lead plaintiff in the DAL BIPA Class Action Lawsuit, could not reasonably argue it violated its BIPA obligations to removing biometric data.
Nseumen has stated that he will not pursue charges that DAL benefited financially from his biometric data.
Eric Nseumen v. DAL Global Services, LLC
Plaintiff Eric Nseumen, formerly a baggage handler at DAL’s Chicago O’Hare International Airport facility, claims he was obliged to provide his fingerprints in order to clock in and out of work.
He alleges in a class action complaint lodged in April that DAL has violated BIPA by collecting his fingerprints without his written approval, failing to publish a schedule detailing how long it would retain and delete the fingerprints, and sharing his fingerprints with third parties.
In May, DAL transferred the DAL BIPA Class Action Lawsuit from Cook County Circuit Court to the United States District Court for the Northern District of Illinois and filed a motion to dismiss.
Nseumen’s arguments do not center on the failure to delete biometric data; rather, they focus on its gathering without the appropriate disclosures and authorizations, he stated.
Editor’s Note on DAL BIPA Class Action Lawsuit:
This article is written to inform you of the latest DAL’s motion for dismissal over the BIPA class action lawsuit lodged against it. You might also be interested in the Spirit Shorcut Boarding Pass Lawsuit.
Case Name & No.: Eric Nseumen v. DAL Global Services, LLC, Case No. 1:21-cv-02630
Jurisdiction: U.S. District Court for the Northern District of Illinois
Allegations: DAL allegedly violated BIPA for requiring its baggage handlers to provide a fingerprint to clock in and out without written consent.
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