Some truck drivers who were required to have driver-facing cameras in their trucks may get an extra paycheck in the mail.
Chicago Ridge, Ill.-based HMD Trucking recently settled a class-action federal lawsuit filed by one of its drivers. The lawsuit alleges that the trucking company unlawfully installed driver-facing cameras to remotely monitor drivers.
While truckers at other carriers may get excited about suing a carrier over driver-facing cameras, it is worth noting that the circumstances in this case are unique. Specifically, it deals with Illinois’ state biometric law.
In 2008, Illinois enacted the Biometric Information Privacy Act (BIPA). The law regulates the collection, use and storage of biometric information, including fingerprints, retina scans, voiceprints or scans of hands or “face geometry.”
Before a company can collect anyone’s biometric information, it must inform them in writing what is being collected, the specific purpose and the length of time. It must also receive written consent from each person.
BIPA violations include a $1,000 fine per violation. That fine increases to $5,000 if the violation is intentional or reckless.
Last December, truck drivers for HMD Trucking claimed that the required driver-facing cameras violated BIPA. According to the lawsuit, the company linked facial geometry to specific drivers to track performance and ensure compliance while on duty.
However, truck drivers were never informed in writing about the collection of their biometric information derived from driver-facing cameras. Furthermore, they did not give written consent for HMD Trucking to collect that information.
HMD Trucking moved to have the case dismissed, arguing the Federal Aviation Administration Authorization Act (F4A) overrides state BIPA claims. F4A invalidates any state law that affects the price, route or service of motor carriers.
The trucking company argued that BIPA prevents it from improving customer service or public safety if its drivers refuse to consent to driver-facing cameras. HMD Trucking also claimed that requiring permission or removing cameras would create a financial burden that would be passed on to consumers.
Earlier this year, a federal judge shot down HMD Trucking’s motion to dismiss, allowing the case to proceed. By October, both parties had informed the court that a settlement was within reach. In December, the case was dismissed after an out-of-court settlement was reached. Details of the settlement were not disclosed.
Numerous high-profile lawsuits alleging BIPA violations have been filed since the law was enacted. In 2021, a federal judge approved a $650 million settlement related to BIPA. The case against HMD Trucking may be one of the first dealing with driver-facing cameras on trucks, potentially setting the stage for more lawsuits against other Illinois-based trucking companies. LL
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