YOU MAY BE ENTITLED TO A CASH PAYMENT OF UP TO $750.00 IF YOU WERE REQUIRED TO PROVIDE A SCAN OF YOUR PALM, HAND OR FINGER FOR TIMEKEEPING PURPOSES TO LSC COMMUNICATIONS, INC. OR FAIRRINGTON, LLC AT SOME TIME BETWEEN SEPTEMBER 21, 2012 AND APRIL 30, 2019.
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 handprints or fingerprints, of another individual for any purpose, including employment timekeeping purposes, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendants violated BIPA by requiring individuals within the state of Illinois to provide a scan of their hand, palm or finger for timekeeping purposes between September 21, 2012, and April 30, 2019 without first providing the requisite disclosures or obtaining the requisite consent. Defendants contest these claims and deny that they violated BIPA.
A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
WHAT ARE MY OPTIONS?
(1) Accept the Settlement.
To accept the Settlement, you must submit a Claim Form by August 19, 2019. You may obtain a Claim Form by clicking here, by emailing info@FairringtonBIPASettlement.com, or by calling the Settlement Administrator at . You may submit your Claim Form online here, by email at info@FairringtonBIPASettlement.com or by U.S. Mail at Farrington BIPA Settlement PO Box 404041 Louisville, KY 40233-4041. If the Settlement is approved and your claim is deemed valid, a check will be mailed to you. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement, and is the only thing you need to do to receive a payment.
(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 Defendants and the Releasees (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have at your own risk and expense. To exclude yourself from the Settlement, you must mail a signed letter to the Settlement Administrator at Farrington BIPA Settlement PO Box 404041 Louisville, KY 40233-4041, postmarked by July 1, 2019. You may also exclude yourself online by clicking here. 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 a statement that you wish to be excluded.
(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 Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602. The objection must be received by the Court no later than July 1, 2019. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Myles McGuire, Evan M. Meyers, David L. Gerbie, and Jad Sheikali, MCGUIRE LAW, P.C., 55 West Wacker Drive, 9th Floor, Chicago, Illinois 60601), as well as the attorneys representing the Defendants (Brian P. Ledebuhr and Zachary J. Watters of Vedder Price P.C., 222 N. LaSalle St., Chicago, Illinois 60601), postmarked no later than July 1, 2019. Any objection to the proposed Settlement must include your (i) full name, address, and telephone number; (ii) the name and number of this case;(iii) the facility location at which you used the Defendants’ Biometric Timekeeping System; (iv) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (v) 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 (vi) 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 July 1, 2019. 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.
(4) Do Nothing.
If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against the Defendants or other Releasees regarding any of the Released Claims. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.