Do you live in Illinois? Was your fingerprint, voice, eye (retina) or facial image (“biometric information”) scanned or obtained at work? Did you receive a mail about a class action on the settlement to resolve claims about customers whose biometrics were collected in Illinois without your written consent? This review will help you partake in the class action settlement after confirming the authenticity of the mail.
What Is Illinois BIPA biometric privacy Class Action Settlement?
The Illinois Biometric Privacy Act (BIPA) protects workers from having to provide certain “biometric” information without the written consent of the worker. If an employer violates BIPA by failing to obtain written consent, the employer can be required to pay $1,000 and up to $5,000 for each unlawful scan or use of a worker’s biometric information.
For example, in December 2022, a former employee of an Illinois-based Five Guys restaurant took legal action against the burger chain, contending that the company collects employee fingerprints for timekeeping without obtaining written consent. According to the former worker, Five Guys violated the Illinois Biometric Information Privacy Act (BIPA) by failing to obtain written consent before collecting biometrics.
If your current or former Illinois-based employer required you to scan your fingerprint, voice, eye (retina) or facial image at work without first obtaining written consent and providing certain disclosures, you could take legal action against your employer. BIPA violations may occur in a number of ways, including through non-compliant biometric (fingerprint, eye, voice or facial) scans, timekeeping systems or other forms of security systems, such as door entryways, and lock-boxes used to store products or keys for vehicles.
What Is This Class Action All About?
The Biometric Information Privacy Act (BIPA) is an Illinois state law that regulates how companies can collect and store biometric information. Biometrics include any unique biological information such as retina scans, fingerprints, facial geometry scans, DNA and voiceprints.
Unlike other identifiers, even sensitive personal information such as Social Security numbers, biometrics cannot be changed after they are compromised. To better protect these permanent identifiers, Illinois requires companies to follow BIPA to keep biometrics protected and private.
BIPA regulations include:
- Companies must obtain written consent before collecting and storing biometrics.
- Companies must inform consumers in writing which biometrics are being collected and stored.
- Companies must inform consumers of the purpose of collecting their biometrics.
- Companies must specify the length of time their biometrics will be collected, stored and used.
- Companies must maintain a public retention schedule for biometric information which specifies when this data will be destroyed after use.
Consumers can take legal action under BIPA and collect violations. BIPA allows consumers to collect $1,000 per negligent violation or $5,000 per intentional or reckless violation. Numerous residents of the State of Illinois have taken legal action against companies under BIPA.
Even if BIPA class action lawsuits don’t recover the full $1,000 to $5,000 damages allowed under the state law, a BIPA settlement can result in payments of hundreds or thousands of dollars per individual.
Who Is Eligible?
The settlement benefits all class members whose biometrics were collected in Illinois without providing the proper consent or disclosures. Biometrics include:
- Fingerprints
- Hand scans
- Facial geometry scans
- Retina scans
- Voice scans
How To Be Part of This Settlement
For a class member to partake in this settlement, they must submit their Valid claim on the settlement website.
What Is The Pay For This Settlement?
The pay for this settlement varies and the proof of purchase is not necessary.
Conclusion
As you submit your claim to the settlement website, just like Uterine and Ovarian Cancer class action settlement we have reviewed , you’re doing so under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim.
