Fingerprints of the Dead Allegedly Misused by Keepsake Seller

Keepsake-jewelry maker Legacy Touch Inc. and three funeral homes collected the fingerprints of dead people and used them to market commemorative items to the deceased’s family members in violation of the Illinois Biometric Information Privacy Act, a proposed federal class action said.

Legacy Touch encouraged its funeral home partners to collect the fingerprints without consent, and sent family members targeted advertising encouraging them to buy its pendants, keychains, rings, bracelets, and other products featuring the fingerprints of those they had lost, according to a complaint filed Aug. 2 in the US District Court for the Southern District of Illinois.

Legacy Touch touts itself as a seller of personalized memorial products that allow the buyer to “experience the closeness of your loved one every day,” according to its website. The products also allow funeral homes to increase revenue, the complaint said.

BIPA requires entities that collect biometric information to inform consumers in writing about the purpose and timeframe of the collection and use of the data, obtain prior written consent, and develop a publicly available policy concerning the retention and destruction of the data. It also prohibits the sale or disclosure of biometric information without consent.

During the fingerprint capturing process, the funeral homes provided Legacy Touch with the dead person’s personal information, including name, date of birth, date of death, and the next of kin’s name and email address, the complaint said.

Legacy Touch in turn provided funeral homes with hardware, software, and other technology designed to capture fingerprints, and videos and other resources to help them integrate the fingerprint-capture process into their services, the plaintiffs said.

The conduct of Legacy Touch and the funeral homes violated their legal and ethical duties and deprived people of the right to make informed decisions about the collection of biometric information, the complaint said.

The funeral home defendants are Hughey Funeral Home Ltd., in Mt. Vernon, Ill.; Glueckert Funeral Home Ltd., in Arlington Heights, Ill.; and Kristan Funeral Home PC, in Mundelein, Ill.

None of the defendants responded immediately to requests for comment.

The plaintiffs seek to represent three classes: a nationwide class of people who were the next of kin or legally authorized representatives of deceased people whose biometric information was collected, sold, or disclosed by the funeral homes or Legacy Touch without prior consent; a similarly defined class of people with claims under BIPA; and a class with claims under the Illinois Consumer Fraud and Deceptive Business Practices Act.

The complaint brings claims of invasion of privacy, tortious interference with the right to possess a decedent’s remains, civil conspiracy, negligent misrepresentation, intentional misrepresentation, and violations of the BIPA and the CFDBPA.

The plaintiffs are seeking compensatory damages, statutory damages of $5,000 per reckless or intentional BIPA violation and $1,000 per negligent violation, punitive damages, injunctive relief, attorneys’ fees and costs, and pre- and post-judgment interest.

Milberg Coleman Bryson Phillips Grossman PLLC, Cuneo Gilbert & LaDuca LLP, Hausfeld LLP, and Neal & Harwell PLC represent the plaintiffs and the proposed class.

The case is Mayo v. Legacy Touch Inc., S.D. Ill., No. 3:24-cv-01827, complaint filed 8/2/24.