Walmart and Antonio Morris, a driver for the company’s grocery delivery platform, have resolved a legal dispute concerning the platform’s identity verification process, which allegedly violated Illinois’ Biometric Information Privacy Act (BIPA). The case centered on claims that Walmart’s grocery delivery platform, Spark, used geometric facial data from selfies and driver’s licenses to authenticate applicants’ identities without obtaining proper informed consent.
Following notification of Morris’ voluntary dismissal of his complaint, U.S. District Judge Georgia Alexakis dismissed the case with prejudice on Monday. The specific terms of the settlement were not immediately disclosed.
The case had been set for trial on June 30, with the primary issue being whether Morris had signed an arbitration agreement during his onboarding, a decision that could have impacted his ability to pursue the case in federal court. Judge Alexakis previously noted that Walmart had provided convincing evidence that Morris had not only signed an initial arbitration agreement but also later acknowledged an updated version of the agreement. However, Morris’ denial of having signed it led to the issue being one for trial, which prompted the judge’s decision to proceed with the case.
Morris filed his lawsuit in May 2024, alleging that Walmart’s grocery delivery platform, Spark, violated Illinois’ biometric privacy laws by requiring drivers to submit biometric data for identity verification. He argued that the process failed to obtain the necessary informed consent and did not adhere to BIPA’s required data retention policies. Furthermore, Morris alleged that Spark frequently collected and stored biometric data during regular intervals, requiring drivers to take verification photos while on the job.
Morris sought to represent a class of Illinois residents whose biometric information was collected by Spark within the five years preceding his lawsuit and requested statutory damages for Walmart’s alleged violations of biometric privacy rights.
Representatives for both parties have not yet provided a comment on the settlement.
Morris is represented by Michael Fradin of Michael L. Fradin Esq., while Walmart is represented by Scott Voelz, Randall Edwards, and Gabe Castillo of O’Melveny & Myers LLP, and Collin Vierra and Ryan Walsh of Eimer Stahl LLP.
The case is titled Morris v. Walmart, Case No. 1:24-cv-04195, in the U.S. District Court for the Northern District of Illinois.
