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 Onni violated the BIPA by requiring individuals to submit their fingerprints for employment timekeeping purposes between December 31, 2015, and October 12, 2021 without first providing the required disclosures or obtaining the individual’s consent. Onni contests these claims and denies that it violated BIPA.
How do I know if I am in the Settlement Class?
You are a member of the Settlement Class if, at any time between December 31, 2015, and October 12, 2021, you were required to provide your biometric information (e.g. fingerprint, etc.) for timekeeping purposes to Onni within the state of Illinois without first signing a consent form. If you provided your biometric information (e.g. fingerprints, etc.) for timekeeping purposes to Onni at any time during this time period without first signing a consent form, then you may be entitled to cash benefits.
What does the Settlement provide?
Defendants have agreed to create a $99,200.00 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 less the costs of the other expenses to be paid from the Settlement Fund. The exact amount of each Class Member’s payment is unknown at this time. The Settlement Administrator will issue a check to each Class Member who does not exclude himself or herself following the final approval of the Settlement.
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 her time, effort, and service in this matter.
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.