BIPA prohibits private entities from capturing, obtaining, storing, transferring, and/or using biometric identifiers and/or biometric information, such as fingerprints, of an individual for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated BIPA by allegedly collecting  its workers’ biometric identifiers when they used Defendant’s timekeeping system in Illinois without first providing the required disclosures or obtaining the required consent. Defendant contests these claims and denies that it violated BIPA.

You are a member of the Settlement Class if you scanned your finger using Defendant’s timekeeping system in Illinois at any time on or after October 23, 2013 without first providing written consent for the collection of your biometric data.

Cash Payments. Defendant has agreed to create a $151,000.00 Settlement Fund. If the Court approves the Settlement, and you do not exclude yourself from the Settlement Class, you will automatically receive an equal share of the Settlement Fund after deductions for the Settlement Administrator’s expenses, attorneys’ fees, costs and expenses for Class Counsel, and an Incentive Award for the Class Representative. The exact amount of each Class Member’s payment is unknown at this time, but the per-person payment is estimated to be approximately $400-500. The attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees in an amount up to 35% of the Settlement Fund, plus their reasonable costs and expenses, for the substantial time, expense and effort spent investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $5,000.00 for his time, effort, and service in this matter.

Prospective Relief. Without admitting any liability, Defendant represents that it no longer uses the finger scan timeclock that is the subject of this case.

(1) Accept the Settlement

To accept the Settlement and receive payment from the Settlement Fund, you do not have to do anything. If the Court approves the Settlement, the Settlement Administrator will automatically send a check to your last known mailing address.

(2) Exclude yourself

You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense. To exclude yourself from the Settlement, you must mail a signed letter to the Settlement Administrator at Mid-America BIPA Settlement, P.O. Box 2002, Chanhassen, MN 55317-2002, postmarked by November 18, 2022. You may also exclude yourself online HERE by November 18, 2022. The exclusion letter must state that you exclude yourself from this Settlement and must include the name and case number of this Litigation, as well as your full name, address, telephone number, and email address, and a statement that you wish to be excluded from the Settlement Agreement.

(3) Object to the Settlement

If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Court of the Circuit Court of DuPage County, Illinois, 505 County Farm Road, P.O. Box 707, Wheaton, IL 60187. The objection must be postmarked no later than November 18, 2022. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Timothy P. Kingsbury of McGuire Law, P.C., 55 West Wacker Drive, 9th Floor, Chicago, Illinois 60601), as well as Defendant’s Counsel (Jamie Filipovic of O’Hagan Meyer LLC, One E. Wacker Dr., Suite 3400, Chicago, IL 60601), postmarked no later than November 18, 2022. Any objection to the proposed Settlement must include your (i) full name, address, telephone number, and email address; (ii) the case name and number of this Litigation; (iii) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (iv) the identification of any other objections you have filed, or have had filed on your behalf, in any other class action cases in the last four years; and (v) your signature. If you hire an attorney in connection with making an objection, that attorney must also file with the court a notice of appearance by the objection deadline of November 18, 2022. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.

You may appear at the Final Approval Hearing, which will be held on December 1, 2022 at 9:00 a.m. in Courtroom 2020 of the Circuit Court of DuPage County, 505 N. County Farm Rd., Wheaton, Illinois, in person or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Participating in the hearing is not necessary; however, persons wishing to be heard orally in opposition to the Final Approval of the Settlement, the request for attorneys’ fees and expenses, and/or the request for an Incentive Award to the Class Representative are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing. The hearing date and time, and whether the hearing will be conducted remotely, is subject to change by the Court, so please check this Settlement Website for updates.

The Parties cannot predict exactly when (or whether) the Court will give Final Approval of the Settlement, so please be patient. However, if the Court finally approves the Settlement, you will be paid as soon as possible after the court order becomes final, which should occur within approximately 60 days after the Settlement has been finally approved. If there is an appeal of the Settlement, payment may be delayed.

The Court has already given preliminary approval to the Settlement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement. At the Final Approval Hearing, the Court will also consider whether to make final the certification of the Class for settlement purposes, hear any proper objections and arguments to the Settlement, as well as any requests for an award of attorneys’ fees, costs, and expenses and a Class Representative Incentive Award that may be sought by Class Counsel. The Court will hold the Final Approval Hearing on December 1, 2022 at 9:00 a.m. in Courtroom 2020 of the Circuit Court of DuPage County, 505 N. County Farm Rd., Wheaton, Illinois. The hearing date and time, including whether the hearing will take place via remote means, is subject to change by the Court.

The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

Timothy P. Kingsbury
MCGUIRE LAW, P.C
55 W. Wacker Dr., 9th Floor
Chicago, IL 60601
Tel: 312-893-7002
tkingsbury@mcgpc.com

Kasif Khowaja
THE KHOWAJA LAW FIRM, LLC.
8 S. Michigan Ave., 26th Fl.
Chicago, IL 60603
Tel: 312-566-8070
Kasif@Khowajalaw.com

James X. Bormes
LAW OFFICE OF JAMES X. BORMES, P.C.
8 S. Michigan Ave., Suite 2600
Chicago, IL 60603
Tel: 312-201-0575
jxbormes@bormeslaw.com