King v. PeopleNet Corporation

The Notice is a court-authorized notice of a proposed settlement in a class action lawsuit, King v. PeopleNet Corporation, Case No. 2021-CH-01602, currently pending in the Circuit Court of Cook County, Illinois, before the Hon. David B. Atkins. The Settlement would resolve a lawsuit brought on behalf of persons who allege that PeopleNet Corporation (“PeopleNet” or “Defendant”) obtained and stored individuals’ biometrics in Illinois for timekeeping purposes without first providing them with legally required written disclosures and obtaining written consent. If you received notice of the Settlement, you have been identified as someone who at some time between April 2, 2016, and March 21, 2023, may have had your finger, hand, facial, or other biometric data obtained and stored by PeopleNet for timekeeping purposes within the state of Illinois. The Court has granted Preliminary Approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. The 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 on this website and in the Notice so that you can better understand your legal rights.

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., 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 without first providing them with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated BIPA by collecting individuals’ biometrics through fingerprint, hand, or facial scanning technology in Illinois without first providing the requisite disclosures or obtaining the consent required by BIPA. Defendant contests these claims; denies that it collected or possessed fingerprints, facial biometrics, or any other information subject to BIPA; and denies that it violated BIPA.

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.

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 a Service 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 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.

You are a member of the Settlement Class if Defendant obtained and stored your finger, hand, facial, or other biometric data for timekeeping purposes in the state of Illinois between April 2, 2016, and March 21, 2023. If you are a member of the Settlement Class, you may submit a claim for cash benefits on this website here. To see if you used a timeclock provided by PeopleNet Corporation while working in Illinois, the timeclocks provided by PeopleNet Corporation during the relevant time period include those identified below:

• Tempo PN-2000 timeclock
• Tempo PN-1000 timeclock
• Optima timeclock

Cash Payments. Defendant has agreed to create a $4,750,000 Settlement Fund for the Class Members. All Settlement Class Members are entitled to submit a Claim Form to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely Claim Form that is deemed valid will be entitled to an equal payment paid out of the Settlement Fund after payment is made for Administrative Expenses, attorneys’ fees and expenses, and the Class Representative’s Service Award. The amount of each valid claimant’s payment is estimated to be $500–$1000, but the exact amount is unknown at this time and depends on several factors, including how many valid claims are submitted. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the final approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 100 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed in FAQ 11) will ask the Court to award them attorneys’ fees of up to 40% of the Settlement Fund plus reasonable costs for the substantial time, expense, and effort spent investigating the facts, litigating the case, and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $10,000 for her time, effort, and service in this matter. Class Counsel will file with the Court their request for attorneys’ fees and costs and the Service Award on June 12, 2023, and will post their request on this Settlement Website.

Prospective Relief. Pursuant to this Settlement, and without admitting any liability, Defendant represents that it no longer authorizes its clients in Illinois to use biometric functionality in connection with Defendant’s timekeeping equipment.

(1) Accept the Settlement

To accept the Settlement, you must have filed a Claim Form by July 24, 2023. If the Settlement is approved and your claim is deemed valid, a check will be mailed to you. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement and is the only thing you need to do to receive a payment.

(2) Exclude yourself

You may exclude yourself from the Settlement on an individual basis. If you do so, you will not receive any cash payment, but you will not release any claims you may have against Defendant and the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have your own risk and expense. To exclude yourself from the Settlement, you must have mailed a signed letter to the Settlement Administrator at PeopleNet Corporation BIPA Settlement, c/o Settlement Administrator, P.O. Box 2570, Portland, OR 97208-2570, postmarked by July 3, 2023. If you choose to exclude yourself by mail, the exclusion letter must state that you exclude yourself from this Settlement and must include the name and case number of this Litigation, as well as your full name, address, telephone number, a statement that you wish to be excluded, and your signature. So-called “mass” or “class” exclusion requests are not permitted.

(3) Object to the Settlement

If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street, Courtroom 2102, Chicago, Il 60602. The objection must be received by the Court no later than July 3, 2023. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Timothy P. Kingsbury of MCGUIRE LAW, P.C., 55 West Wacker Drive, 9th Floor, Chicago, Il 60601), as well as the attorneys representing Defendant (Elizabeth B. Herrington of MORGAN, LEWIS & BOCKIUS LLP, 110 North Wacker Drive, Suite 2800, Chicago, Il 60606), and the Settlement Administrator (PeopleNet Corporation BIPA Settlement, c/o Settlement Administrator, P.O. Box 2570, Portland, OR 97208-2570), postmarked no later than July 3, 2023.

Any objection to the proposed Settlement must include

1. the objector's full name, address, email address, and current telephone number;
2. the case name and number of the Litigation;
3. all grounds for the objection with factual and legal support for the stated objection, including any supporting materials;
4. the identification of any other objections they have filed, or have had filed on their behalf, in any other class action cases in the last four years;
5. the name, address, and telephone number of their counsel, if any; and
6. the objector's signature.

If you hire an attorney in connection with making an objection, that attorney must also file with the court a notice of appearance by the Objection Deadline of July 3, 2023. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.

You may appear at the Final Approval Hearing, which will be held on August 9, 2023, at 10:30 a.m., in person or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the final approval of the Settlement, the request for attorneys’ fees and expenses, and/or the request for a Service Award to the Class Representative are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing.

(4) Do Nothing

If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against the Released Parties regarding any of the Released Claims.

Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.

Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Defendant and the other Released Parties (as defined in the Settlement Agreement) relating to the Released Claims (as defined in the Settlement Agreement). Giving up your legal claims is called a “release”. The precise terms of the release are in the Settlement Agreement, which is available here Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified FAQ 11 who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

Final approval was received on August 10, 2023. If your claim was approved a check for your share of the net Settlement Fund was sent to you on January 5, 2023. All claims and payments have been finalized.

If you have not received your payment for the PeopleNet Settlement and require a reissue of payment please email us your request for reissue along with your full name, previous and current address, and your email address to claims@PeopleNetBIPASettlement.com. Once your identification is confirmed you will be added to our next payment reissue cycle.

The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

Evan M. Meyers
Timothy P. Kingsbury
Brendan Duffner
Chandne Jawanda
MCGUIRE LAW, P.C.
55 West Wacker Drive, 9th Floor
Chicago, IL 60601
 emeyers@mcgpc.com
 tkingsbury@mcgpc.com
 bduffner@mcgpc.com
 cjawanda@mcgpc.com
 312-893-7002

The Notice and these FAQ answers only provide a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement, which, along with other documents, can be obtained here. If you have any questions, you can also call the Settlement Administrator at 1-888-817-5562 or contact Class Counsel at the number or email addresses set forth in FAQ 11. In addition to the documents available on this website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk.

Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.