Why did I get this Notice This is a court-authorized notice of a proposed settlement in a class action lawsuit, Draland v. TimeClock Plus, LLC, Case No. 19-CH-12769, pending in the Circuit Court of Xxxx County, Illinois before the Xxxxxxxxx Xxxxxx X. Hall. The Settlement would resolve a lawsuit brought on behalf of persons who allege that TimeClock Plus, LLC (“TimeClock Plus” or “Defendant”) provided biometrically enabled technology to entities in Illinois for timekeeping purposes without complying with the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. (“BIPA”). If you received this notice, you have been identified as someone who may have been required to scan their finger for timekeeping purposes using Defendant’s biometric timekeeping technology while working for a private employer between November 1, 2014 and May 31, 2018. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. This notice explains the nature of the class action lawsuit, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the instructions and explanations below so that you can better understand your legal rights. WHAT IS THIS LAWSUIT ABOUT? BIPA 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 Defendant violated BIPA by capturing individuals’ fingerprints through its biometrically enabled technology for timekeeping purposes without first providing the requisite disclosures or obtaining the requisite consent. Defendant contests these claims and denies that it violated the BIPA. 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. 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, if approved by the Court. 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. The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given this notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. If the Court does not give final approval to the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.
