Bryant v. Compass Group U.S.A., Inc., No. 20-1443 (7th Cir. 2020)Annotate this Case
Bryant's Illinois employer had a cafeteria, containing vending machines owned and operated by Compass. The machines did not accept cash; a user had to establish an account using her fingerprint. Fingerprints are “biometric identifiers” under the Illinois Biometric Information Privacy Act (BIPA). In violation of BIPA, Compass never made publicly available a retention schedule and guidelines for permanently destroying the biometric identifiers and information it was collecting; never informed Bryant in writing that her biometric identifier was being collected or stored, of the specific purpose and length of term for which her fingerprint was being collected, stored, and used; nor obtained Bryant’s written release to collect, store, and use her fingerprint.
Bryant brought a putative class action in state court; BIPA provides a private right of action to persons “aggrieved” by a violation. Compass removed the action to federal court under the Class Action Fairness Act, 28 U.S.C. 1332(d), on the basis of diversity of citizenship and an amount in controversy exceeding $5 million. Bryant successfully moved to remand the action, claiming that the district court did not have subject-matter jurisdiction because she lacked the concrete injury-in-fact necessary for Article III standing. State law poses no such problem. The district court found that Compass’s alleged violations were bare procedural violations that caused no concrete harm to Bryant. The Seventh Circuit reversed. The failure to follow BIPA leads to an invasion of personal rights that is both concrete and particularized.