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Sunset Food Mart BIPA Class Action Lawsuit - Illegally Using Employees' Biometrics

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Sunset Food Mart BIPA Class Action Lawsuit – Illegally Using Employees’ Biometrics?

Sunset Food Mart Inc. BIPA Lawsuit to be Remanded; Litigation to Proceed

A Seventh Circuit panel determined that a federal judge was correct to remand, or send back to state court, a BIPA class action lawsuit involving Illinois chain Sunset Food Mart.

Ranita Railey v. Sunset Food Mart 

Click to access Ranita-Railey-v.-Sunset-Food-Mart-Inc..pdf

Sunset Food Mart Inc. Failed to File Removal Petition

The Seventh Circuit panel decided that the case belonged in state court under the Class Action Fairness Act’s (CAFA) home-state exception, which enables state jurisdiction where at least two-thirds of the class and primary defendants are all citizens of the state in which the case was brought. In this case, the lead plaintiff, all putative class members, and the defendant are all Illinois citizens.

Sunset filed a motion to dismiss the Sunset Food Mart BIPA Class Action Lawsuit in November 2020, saying that the plaintiff’s allegations were set aside by the Labor Management Relations Act — and therefore not applicable to BIPA — as a result of the plaintiff’s October confirmation of her union membership.

In addition, Sunset initially had 30 days to request removal following the plaintiff’s January 2020 response to the district court’s initial request for documents. However, the Seventh Circuit panel determined that Sunset had 30 days following the plaintiff’s initial filing of the Sunset Food Mart BIPA Class Action Lawsuit in Feb 2019.

Moreover, Sunset missed the deadline for filing a removal petition.

The panel stated that the initial complaint had all the information Sunset required with barely any effort to validate the plaintiff’s and class members’ labor union membership status and thus shouldn’t have required the plaintiff’s confirmation until October 2020.

About the Lawsuit: Ranita Railey v. Sunset Food Mart Inc.

Plaintiff Ranita Railey filed a complaint against Sunset Food Mart, Inc. in the Circuit Court of Cook County, Illinois, on February 19, 2019, alleging violations of the Illinois Biometric Information Privacy Act (BIPA) on behalf of herself and all those similarly situated.

Railey sought statutory damages ranging from $1,000 to $5,000 for every violation. Additionally, she says that beginning in January 2016, she and the other putative class members had their biometric information gathered in violation of BIPA when required to position their entire hands over a panel to be scanned in order to clock in and out of work.

Editor’s Note on Sunset Food Mart BIPA Class Action Lawsuit:

This article is written to inform you of the update regarding the class action lawsuit against Sunset Food Mart Inc. over alleged violations of the Illinois BIPA. Similarly, we also suggest you read the TikTok Privacy Settlement.

Case Name & No.: Ranita Railey v. Sunset Food Mart Inc., Case No. 21-2533

Jurisdiction: US Court of Appeals for the Seventh Circuit

Allegations: Sunset Food Mart Inc. allegedly violated the Illinois BIPA by requiring its employees to use their handprints in able to clock in and out of work.

What are your thoughts on companies requiring biometric data for clocking in and out? Tell us by clicking the “Contact Us” button below!

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