Important Update: The Court granted final approval to the Settlement on April 21, 2023. Copies of the Court's Order and other relevant pleadings are available on the Important Documents page.
What is this lawsuit about?
The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information, such as fingerprints, of another individual for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Pacesetter violated the BIPA by requiring individuals to submit their fingerprints for employment timekeeping purposes on or after March 19, 2016 through March 30, 2021, without first providing the required disclosures or obtaining the individual’s consent. Pacesetter contests these claims and denies that it violated BIPA.
What does the Settlement provide?
Defendants have agreed to create a $90,400.00 Settlement Fund for the Class Members. All Settlement Class Members who do not exclude themselves are entitled to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who does not timely exclude themselves will be entitled to an equal payment out of the Settlement Fund. The exact amount of each Class Member’s payment is unknown at this time; it may be as much as $352.11 or more, but it may be less depending on several factors, including the costs of the other expenses to be paid from the Settlement Fund.
Additionally, the attorneys who brought this lawsuit will ask the Court to award them attorneys’ fees of up to thirty-five percent of the Settlement Fund, plus reasonable costs, for the substantial time, expense, and effort expended in investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a service award of up to $2,000.00 for his time, effort, and service in this matter.
Who is included?
You are a member of the Settlement Class if, at any time on or after March 19, 2016 through March 30, 2021, you were required to provide your biometric information (e.g., fingerprints, etc.) for timekeeping purposes to Pacesetter within the state of Illinois without first signing a consent form.
If you are a Class member, your legal rights will be affected whether you act or not. Read the Notice carefully to see what your rights and options are in connection with this class action lawsuit.