Krispy Kreme Class Action Lawsuit: Were Employees' Fingerprints Collected Without Consent?

Krispy Kreme, the global doughnut company and coffeehouse chain, is facing legal trouble over its alleged collection of employee biometric data without proper consent. A former delivery driver, Brian Krase, filed a class action lawsuit against the company in an Illinois federal court, claiming violations of the Illinois Biometric Information Privacy Act (BIPA).

BIPA, a state law designed to protect individuals' biometric information, regulates how companies collect, store, and use biometric identifiers such as fingerprints, voiceprints, and facial scans. 

The lawsuit alleges that Krispy Kreme failed to comply with BIPA requirements by collecting and storing employee fingerprints through its biometric timekeeping system without obtaining their explicit consent or providing necessary disclosures about how the data would be used and retained.

Former Employee Claims Krispy Kreme Violated Biometric Privacy Law

Krase, who worked for Krispy Kreme in Illinois from September 2021 to October 2023, alleges that he was required to scan his fingerprint using the biometric time clock system at the beginning and end of each shift. 

He claims that Krispy Kreme owned the data collected by the system, including his fingerprints, but never obtained his informed written consent, nor did they inform him of the company's data retention schedule and guidelines for permanently destroying the biometric identifiers.

The lawsuit further alleges that Krispy Kreme shared Krase's biometric data with a third-party payroll management service without his consent. Krase expresses concerns about the potential misuse of his fingerprint data as technology advances, leading to "untold harmful consequences."

Krispy Kreme's Legal Troubles Extend Beyond Biometric Privacy

This is not the first time Krispy Kreme has faced legal challenges. In recent years, the company has been involved in several lawsuits, including wage and hour disputes over alleged unpaid overtime, and false advertising claims regarding the ingredients of its "Glazed Raspberry Filled" doughnuts.

Krispy Kreme Joins Growing List of Companies Facing Biometric Privacy Lawsuits

Additionally, Krispy Kreme joins a growing list of companies facing lawsuits for alleged BIPA violations. Target and Domino's Pizza are among those recently hit with class action lawsuits over similar allegations. 

Earlier this year, Skyzone Trampoline Park reached a $1.05 million settlement in a BIPA class action lawsuit. Other companies like Vonachen Services, CenterEdge, and BNSF Railway have also settled similar lawsuits, further emphasizing the need for companies to prioritize compliance with biometric privacy laws.

In the Krispy Kreme BIPA class action lawsuit, Krase is seeking to represent a class of current and former Krispy Kreme employees in Illinois who were subject to the company's biometric timekeeping system. He is suing for more than $75,000 in damages, along with legal fees, an injunction to stop Krispy Kreme from continuing its alleged practices, and a jury trial.

Case Details

• Lawsuit: Krase v.  Krispy Kreme Doughnut Corporation
• Case Number: 1:24-cv-04493
• Court: U.S. District Court for the Northern District of Illinois

Plaintiffs' Attorneys

• Nick Wooten, Majdi Hijazin and Adam J. Feuer (DJC Law PLLC)