Eimear Kenny v. Locke Transportation, Inc.
Kenny v. Locke Transportation
2020-CH-07073

Welcome to the Kenny v. Locke Transportation Settlement Website

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.

YOUR LEGAL RIGHTS AND OPTIONS

DO NOTHING If you do nothing, you will not receive a payment.
SUBMIT A CLAIM FORM
by April 23, 2022
If you want to receive a settlement payment, you must submit a completed claim form online or by mail. If  the Court grants final approval of the Settlement, you will be mailed your settlement payment and be bound by the Settlement Agreement, including the release of claims.
EXCLUDE YOURSELF
by April 23, 2022
If you do not want to be legally bound by the Settlement, you must exclude yourself from the Settlement. If you do this, you will NOT receive a settlement payment. To do so, you must mail or email your written request for exclusion to the Settlement Administrator. Your written request for exclusion must include your full name, address, telephone number, the last four digits of your Social Security Number, a statement that you wish to be excluded from the Settlement, and your signature. If you exclude yourself, you will not receive money from this Settlement, but you will keep your legal rights regarding any claims that you may have against Defendant and the other Released Parties.
OBJECT TO THE SETTLEMENT
by April 23, 2022
If you want to object to the Settlement, you must mail or email a written objection to the Settlement Administrator which includes your full name, address, telephone number, the last four digits of your Social Security Number, the grounds for the objection, and copies of any other documents that you wish to submit in support of your objection. Any objection must also be personally signed by you. If you exclude yourself from the Settlement, you cannot file an objection.

 

For More Information

Visit this website often to get the most up-to-date information.

Mail
Kenny v. Locke Transportation
c/o JND Legal Administration
PO Box 91344
Seattle, WA 98111