Truck Driver's Biometric Suit Against BNSF Isn't Preempted

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By Celeste Bott (March 16, 2022, 6:17 PM EDT) — An Illinois federal judge ruled Tuesday that BNSF Railway can’t escape a proposed biometric privacy class action by pointing to federal laws governing railroad transportation, saying they don’t preempt a truck driver’s claims that BNSF scanned his fingerprint without informed consent at its rail yards.

U.S. District Judge Matthew Kennelly held that the Federal Railroad Safety Act, Interstate Commerce Commission Termination Act and Federal Aviation Administration Authorization Act don’t bar the lawsuit, brought by lead plaintiff Richard Rogers. In denying BNSF’s summary judgment bid, he also rejected the railway’s arguments that Rogers’s claims were time-barred and that he should have sued…

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