Mims v. Freedman Seating Company

Circuit Court of Cook County, Illinois, County Department, Chancery Division
Case No. 2018-CH-09806

About This Case

Update as of September 11, 2024: The Court has extended the Settlement Administrator's deadline to distribute Settlement Payments. The Settlement Administrator will send Settlement Payments in the approximate amount of $635 on or before October 4, 2024. Class Members who selected a digital payment method (Venmo or Zelle) should expect to receive their payment by October 6, 2024. Class Members who did not select a digital payment method will be sent a check in the mail via USPS. The Settlement Administrator expects that checks will be delivered by October 11, 2024, but the timing of delivery depends on USPS. Thank you for your patience.

IF YOU SCANNED YOUR FINGER WHILE WORKING AT FREEDMAN SEATING COMPANY’S FACILITY IN ILLINOIS BETWEEN AUGUST 1, 2013 AND FEBRUARY 21, 2024 WITHOUT FIRST EXECUTING A WRITTEN CONSENT FORM, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.

This is an official court notice. You are not being sued. This is not an ad for a lawyer.

  • A Settlement has been reached in a class action lawsuit between Freedman Seating Company (“Defendant” or “Freedman”) and some of its current and former workers. The suit claims that Freedman violated an Illinois law called the Biometric Information Privacy Act (“BIPA”) by collecting these workers’ biometric data through finger-scanning timeclocks in Illinois without first obtaining their informed written consent. Freedman denies any wrongdoing or that it violated any laws. The Settlement does not establish who is right or wrong. There is no indication or reason to believe that any Class Members’ personal data or information has been compromised as a result of the alleged conduct in this case.
  • You are included in the Settlement if you scanned your finger on a time clock at Freedman while working at Freedman’s facility in Illinois between August 1, 2013 and February 21, 2024. Some exclusions to participating apply; see FAQ 5 for more details. If you received a notice of this Settlement in the mail or by e-mail, our records indicate that you are included in the Settlement.
  • If you’re included and the Settlement is approved, a check for approximately $635 will automatically be sent to you, less any mandatory tax withholdings. This is an equal share of the $2,632,000 Settlement Fund after the payment of settlement expenses, attorneys’ fees, and any incentive award. Class Members can submit an optional tax Form W-9 here by July 24, 2024 to avoid any mandatory tax withholdings. If you do nothing, a check will be mailed to you at your last known address. You can request to update your address here. If you would prefer to receive your payment through Venmo or Zelle, click here.
  • Please read the notice carefully. Your legal rights are affected whether you act, or don’t act.
CLASS MEMBERS’ LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

You will receive a payment under the Settlement and give up your rights to sue Defendant about the issues in this case.

EXCLUDE YOURSELF

You will receive no payment, but you will retain any rights you currently have to sue Defendant about the issues in this case.

OBJECT

Write to the Court explaining why you don’t like the Settlement.

ATTEND A HEARING

Ask to speak in Court about the fairness of the Settlement.

These rights and options—and the deadlines to exercise them—are explained in the notice.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after any issues with the Settlement are resolved. Please be patient.

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