On January 7, 2022, a class action lawsuit was filed against Omnitracs, LLC (“Omnitracs”) in United States District Court for the Northern District of Illinois, Eastern Division, for violations of the Illinois Biometric Information Privacy Act.
According to the complaint, the Plaintiff used to work as a truck driver in Illinois. Omnitrac’s Critical Event Video (“CEV”) hardware was equipped in Plaintiff’s truck and monitored the Plaintiff and his facial geometry. Omnitracs, allegedly, captured, collected, or otherwise obtained Plaintiff’s facial geometry and the facial geometry of others similarly situated without following the requirements of the Biometric Information Privacy Act.
One of the Omnitrac’s products is an in-vehicle camera with the technology to detect driver behavior. Omnitrac’s technology, according to the lawsuit, identifies inattentive driving behavior that may be caused, for example, by distraction, driver fatigue, or drowsiness. The Defendant’s facial mapping technology, allegedly, collects scans of a driver’s facial geometry to identify a driver’s attentiveness.
The CEV hardware, according to the complaint, provides complete visibility of the entire cab, as well as details of the driver’s face, eyes, and hands to identify drowsiness, sleep, phone use, cigarette use, seatbelt use, and other safety-critical behaviors, as certain critical trigger events.
During the relevant time period (i.e., between January 7, 2017 and the present), Defendant Omnitracs, allegedly, collected scans of Plaintiff’s facial geometry to analyze his driving behavior, despite never having informed the Plaintiff, in writing or otherwise, that scans of his facial geometry or his biometric data were being collected.
Omnitracs also, allegedly, never obtained Plaintiff’s informed written consent to collect scans of his facial geometry or his biometric data and never informed Plaintiff in writing of the purpose and length of time for which Defendant Omnitracs would collect scans of the Plaintiff’s facial geometry.