What is this lawsuit about?

The Lawsuit alleges that Locke Transportation, Inc. (“Defendant”) violated the Illinois Biometric Information Privacy Act (“BIPA”) 740 ILCS 14/1 et seq. BIPA prohibits private companies from capturing, obtaining, storing, transferring, and/or using an individual’s biometric identifiers and/or biometric information, including a fingerprint or identifying information based on a fingerprint, without first providing an individual with certain written disclosures and obtaining written consent. The Lawsuit alleges that Defendant violated BIPA by collecting fingerprint data from its employees in Illinois through its biometric timekeeping system without first providing written notice or obtaining written consent. The Lawsuit also alleges that Defendant did not timely destroy fingerprint data for employees after they stopped working for Defendant. Finally, the Lawsuit alleges that Defendant disclosed fingerprint data to its timekeeping vendor without consent.

Defendant denies the allegations in the Lawsuit and denies any liability stemming therefrom.

Both sides agreed to resolve the Lawsuit through a settlement. The Court did not make any determinations as to whether Defendant violated the law related to the Lawsuit’s allegations or otherwise.

How do I know if I am in the Settlement Class?

The Class is defined as all of Defendant’s workers who used Defendant’s finger scan timekeeping system in Illinois during the Class Period. The “Class Period” is October 2018 – December 9, 2020. Defendant estimates there are 151 Settlement Class Members.

What does the Settlement provide?

The class action Settlement provides for a total payment of $151,000 that Defendant has agreed to pay to settle the claims of Settlement Class Members. Subject to Court approval, the gross Settlement Fund shall be reduced by the following: (1) an award of up to one third of the total settlement for Settlement Class Counsel’s attorney fees (estimated to be $50,000 and litigation costs (not to exceed $1,000); (2) Service Award of $5,000 to the Settlement Class Representative; and (3) the Settlement Administrator’s costs of up to $25,000. Following these reductions, the remaining amount shall be the net settlement fund which shall be distributed equally to Settlement Class Members. The Parties estimate you will receive a payment in the approximate amount of approximately $500.

Unless you exclude yourself from the Settlement as explained below, you will give up any and all Biometric Information Privacy Act claims against Defendant, its employees, and their related entities, including all other related federal, state, and local law claims, including under the common law, as well as related claims for liquidated damages, penalties, attorneys’ fees and costs, expenses, and interest. The full release of claims is set forth in the Settlement Agreement, which you can review on the Important Documents page of this website.