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

Frequently Asked Questions

 

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  • 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. 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.

  • 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 at the settlement website.

  • The settlement includes all of Defendant’s workers who used Defendant’s finger scan timekeeping system in Illinois during the Class Period (“Settlement Class” or “Settlement Class Members”). There are an estimated 151 Settlement Class Members.

  • (1) Receive a settlement payment. If you want to receive a settlement payment, you need to follow the instructions on the notice form and submit a completed claim form online or by mail to receive a settlement payment. If you follow the instructions on the notice form and return a completed claim form by U.S. Mail or online, and 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. If required by law, you may also be sent a 1099 tax reporting form. If you do nothing, you will not receive a payment.


    (2) Exclude yourself from the settlement and receive no money. If you do not want to be legally bound by the settlement, you must exclude yourself from the settlement by April 23, 2022. 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 (contact information below). 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 it must be signed by you. 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.


    (3) Object to the Settlement. You may 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 (contact information below), 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 your objection. Any objection must also be personally signed by you. If you exclude yourself from the settlement, you cannot file an objection.

  • The Court has appointed Settlement Class Counsel, identified below, to represent Settlement Class Members in this settlement. Settlement Class Counsel will request up to one-third of the total settlement amount as attorney fees plus reimbursement of their costs. On or after March 24, 2022, you may review Settlement Class Counsel’s request for attorney fees and costs at the settlement website, www.LockeBIPASettlement.com. You will not have to pay Settlement Class Counsel from your settlement award or otherwise. You also have the right to hire your own attorney at your own expense.

    Class Counsel

    The Garfinkel Group, LLC
    Max P. Barack
    max@garfinkelgroup.com
    Haskell Garfinkel
    haskell@garfinkelgroup.com
    6252 N. Lincoln Avenue, Suite 200
    Chicago, Illinois 60659
    Telephone: (312) 736-7991

  • The Court will hold a hearing in this case on April 26, 2022, to consider, among other things, (1) whether to finally approve the settlement; (2) a request by the lawyers representing Settlement Class Members for an award of up to one-third of the settlement as attorney fees plus litigation costs; and (3) a request for Service Award of $5,000 for the Settlement Class Representative Eimear Kenny; and (4) a request for up to $25,000 to the Settlement Administrator. You may appear at the hearing, but you are not required to do so. Seven days before the final approval hearing, the Settlement Administrator will post on the Settlement website whether the final approval hearing will be held by telephone or in person (and will provide phone number or courtroom information). If you have any questions or for more information, contact the Settlement Administrator or Settlement Class Counsel at:

    Settlement Administrator
    Kenny v. Locke Transportation
    c/o JND Legal Administration
    PO Box 91344
    Seattle, WA 98111
    1-877-343-0130
    info@LockeBIPASettlement.com

    Settlement Class Counsel
    The Garfinkel Group, LLC
    Max P. Barack
    max@garfinkelgroup.com
    Haskell Garfinkel
    haskell@garfinkelgroup.com
    6252 N. Lincoln Avenue, Suite 200
    Chicago, Illinois 60659
    Telephone: (312) 736-7991

     

  • The Notice summarizes the Settlement.

    More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement from the Important Documents page. You may also write with questions to Kenny v. Locke Transportation, Inc., c/o JND Legal Administration, P.O. Box 91344, Seattle, WA 98111. You can also call the Settlement Administrator at 1-877-343-0130 or email at info@LockeBIPASettlement.com if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on the case website. Please do not telephone the Court to inquire about the Settlement or the claims process.

  • You must notify the Settlement Administrator of any changes in your mailing address so that your settlement award will be sent to the correct address. To update your address, contact the Settlement Administrator, listed below.

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