Frequently Asked Questions
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 finger scans, of another individual for any purpose without first providing them with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated BIPA by collecting individuals’ biometrics through finger scans or facial scanning technology in Illinois without first providing the requisite disclosures or obtaining the consent required by BIPA. Defendant contests these claims, denies that it collected or possessed finger scans, facial biometrics, or any other information subject to BIPA, and denies that it violated BIPA.Back To Top
Why is this a class action?
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.Back To Top
Why is there a settlement?
To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a settlement, which resolves all claims against Defendant and its affiliated entities. The Settlement requires Defendant to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and an Incentive Award to the Class Representative. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law.Back To Top
Who is in the Settlement Class?
You are a member of the Settlement Class if you scanned your finger or had your photograph taken in Illinois between March 3, 2015, and December 29, 2021, while using an UltiPro TimeBase timeclock or UltiPro TouchBase timeclock, or scanned your finger using a NOVAtime timeclock (Model Nos. 450 or 7000) provided by UKG, Inc. If you are a member of the Settlement Class, then you could have submitted a claim by May 6, 2022.Back To Top
What does the Settlement provide?
Cash Payments. Defendant has agreed to create a $3,362,026.50 Settlement Fund for the Class Members. All Settlement Class Members were entitled to submit a Claim Form to receive a payment out of the Settlement Fund. Final approval has been granted for this Settlement, and each Settlement Class Member who submitted a timely Claim Form that is deemed valid will be entitled to an equal payment paid out of the Settlement Fund after payment is made for administrative expenses, attorneys’ fees and expenses, and a Class Representative Incentive Award. The amount of each valid claimant’s payment is estimated to be $200-400, but the exact amount is unknown at this time and depends on several factors, including how many valid claims have been submitted and the amount of costs, attorneys’ fees, and expenses. The Settlement Administrator will issue a check to each Class Member who submitted a valid Claim Form. All checks issued to Settlement Class Members will expire and become void 100 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed in FAQ 10) asked 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 spent investigating the facts, litigating the case, and negotiating the Settlement. The Class Representative also applied to the Court for a payment of up to $10,000.00 for his time, effort, and service in this matter.
Prospective Relief. Pursuant to this Settlement, and without admitting any liability, UKG, Inc. represents that it has taken steps to comply with BIPA and will continue to take steps to remain compliant with BIPA. Those steps include: (a) making publicly available its policies regarding how and whether data collected by the UltiPro Timeclocks is retained and destroyed; (b) taking steps to encourage BIPA-compliant use of the UltiPro Timeclocks by its customers, including by providing its customers with BIPA-compliant notice and consent forms; and (c) verifying that information potentially subject to BIPA in its possession has been deleted in compliance with BIPA’s requirements.Back To Top
What are my options?
Accept the Settlement.
The deadline to file a claim was May 6, 2022.
The deadline to request Exclusion was April 15, 2022.
Object to the Settlement.
The deadline to Object was April 15, 2022.
If you did nothing, you will receive no money from the Settlement Fund, but you are bound by all orders and judgments of the court. Unless you excluded yourself from the Settlement, you are not able to file or continue a lawsuit against the Released Parties regarding any of the Released Claims.
- Accept the Settlement.
What rights am I giving up in this Settlement?
Unless you excluded yourself from this Settlement, you will be considered a member of the Settlement Class, which means you gave up your right to file or continue a lawsuit against Defendant and the other Released Parties (as defined in the Settlement Agreement) relating to their alleged collection of biometrics or other breach of BIPA from March 3, 2015, to December 29, 2021. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement. Unless you formally excluded yourself from this Settlement, you released your claims whether or not you submitted a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.Back To Top
When will I be paid?
The Court has granted final approval of this Settlement. Award checks were sent out on October 11, 2022.Back To Top
When will the Court rule on the Settlement?
The Court held the Final Approval Hearing on May 20, 2022, and final approval was granted.Back To Top
Who represents the Class?
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.Back To Top
Where can I get additional information?
This website is only a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement which, along with other documents, can be obtained here. If you have any questions, you can also call the Settlement Administrator at 1-855-604-1751, or contact Class Counsel at the number or email addresses set forth above. In addition to the documents available on this website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.Back To Top