The Trial Lawyer Summer 2024 | Page 89

“ While the NCAA permits studentathletes to profit from their NIL , it fails to show how the timing of when a student-athlete enters such an agreement would destroy the goal of preserving amateurism ,” Corker wrote .
Last year , a federal judge in California certified three classes in a lawsuit against the NCAA over NIL restrictions and how they prohibit athletes from benefiting from third-party contracts where the schools make money off of athletes ’ NIL .
Walmart class action claims that company collects , shares employee fingerprint data
Walmart Inc . collects and shares employee fingerprint data without their written consent , which is in violation of biometric privacy laws , according to claims made in a new Walmart class action lawsuit .
Plaintiff Joann Davis says in the lawsuit — filed April 25 in Illinois federal court — that while working at Walmart , she was required to have her fingerprint scanned for timekeeping and payroll purposes . Each workday , Davis had to use a fingerprint scanner while clocking in and out of her shift , the Walmart class action lawsuit alleges .
Davis says this collection of employee biometric data is unlawful under Illinois ’ Biometric Information Privacy Act ( BIPA ) and subjects employees to “ serious and irreversible ” risks to their privacy .
“ Fingerprint scans are unique , permanent biometric identifiers associated with each user that cannot be changed or replaced if stolen or compromised ,” the Walmart class action lawsuit says .
Therefore , the Walmart employee fingerprint data class action asserts that a Walmart employee whose biometric fingerprint data is compromised would have no means to prevent identity theft , unauthorized tracking , or other unlawful use of this information .
In Illinois , BIPA allows private entities like Walmart to obtain biometric data only if it informs an individual in writing that their biometric information will be collected or stored ; informs them in writing about the purpose of the collection and the length of time the biometric information will be collected , used and stored ; receives a written release from the individual authorizing the collection of biometric data ; and publishes written retention schedules and guidelines for when the biometric data will be permanently destroyed .
Davis says she was simply told to allow her fingerprint to be scanned as part of her onboarding and timekeeping procedure for Walmart , but the company allegedly failed to disclose any of the information about the collection required by Illinois law .
The plaintiff also claims she never provided written consent authorizing Walmart to collect and store her employee fingerprint data .
Davis filed the Walmart class action lawsuit on behalf of herself and a proposed class of hourly employees who had their biometric data collected by Walmart in Illinois in the last five years . A similar Walmart employee data class action was filed in 2022 .
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