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 biometric information of another individual for any purpose, without first providing such individual with written notice and obtaining a written release. This lawsuit alleges that SwipeClock violated BIPA by allegedly collecting individuals’ biometric data when they used a SwipeClock-branded timekeeping device in the state of Illinois, without first providing written notice or obtaining a written release. SwipeClock contests these claims and denies that it violated BIPA.

To resolve this matter without the expense, delay, and uncertainties of further litigation, the Parties have reached a Settlement, which resolves all claims in the case against SwipeClock and its affiliated entities and individuals. The Settlement requires SwipeClock 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 SwipeClock and does not imply that there has been, or would be, any finding that SwipeClock 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 preliminarily certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given this 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 enter a Final Approval Order approving the Settlement, or if the Settlement Agreement 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 you scanned your finger, hand, and/or any other Biometric Identifier on a SwipeClock-branded timekeeping device in Illinois between February 7, 2017, and March 14, 2025. If you scanned your finger, hand or any other Biometric Identifier on a SwipeClock-branded timekeeping device in Illinois during that time-period, you may be a class member and may submit a Claim Form for a cash payment.

Excluded from the Settlement Class are: (1) the Court and members of their families, (2) persons who properly execute a timely request for exclusion from the Settlement Class, and (3) persons whose claims in this matter have been finally adjudicated on the merits or otherwise released.

Cash Payments. If you’re eligible, and haven’t already received direct notice of this class action settlement either through the mail or an e-mail, you must submit a Claim Form to receive a cash payment. This is an equal share of the $1,630,000.00 Settlement Fund, after the payment of settlement expenses, attorneys’ fees, and any service award for the named plaintiff in the litigation approved by the Court.

Prospective Relief. Pursuant to this Settlement, SwipeClock agrees that (a) on or before the Objection Deadline, it shall verify: (1) the date that certain of its Biometric Timekeeping Systems ceased collecting or hosting alleged biometric data; and (2) the date SwipeClock commenced requiring a written consumer consent in advance of any alleged biometric data being collected or hosted by SwipeClock.

If you received a direct notice of this class action settlement through mail or e-mail, you do not need to take any action to receive a settlement payment.

If you are a Settlement Class Member, haven’t already received direct notice of this class action settlement either through the mail or an e-mail, and you want to get settlement benefits, you must complete and submit a valid Claim Form by March 14, 2025. An online Claim Form is available on the website and can be filled out and submitted online. You can also download a Claim Form or you can also call 1-833-476-2798 to request a paper copy of the Claim Form. All Claim Forms must be received by March 14, 2025. We encourage you to submit a claim online. It’s faster.

The Claim Form requires you to provide the following information: (i) full name, (ii) current U.S. Mail address, (iii) current contact telephone number and email address, (iv) the name of your employer(s) where you used a SwipeClock-branded timeclock, the business address, and date(s) of employment, and (v) the Class Member’s signature and the date.

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 SwipeClock or certain related entities and individuals relating to its alleged collection and possession of the biometric data of individuals who have scanned their finger, hand, or face on a SwipeClock-branded timekeeping device. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, which is available on the website. 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 Settlement Administrator identified below, or you are welcome to talk to any lawyer of your choosing at your own expense.

You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense. All exclusion requests must (a) be in writing; (b) identify the case name Francois v. SwipeClock, LLC, 2022-CH-01041 (Cir. Ct. Cook County, IL); (c) state the full name, current address of the person in the Settlement Class seeking exclusion, and telephone number; (d) be signed by the person seeking exclusion; and (e) be postmarked or received by the Settlement Administrator on or before the Ma4ch 14, 2025. Each request for exclusion must also contain a statement that you wish to be excluded from the Settlement Class. You must mail or e-mail your exclusion request no later than March 14, 2025, to:

SwipeClock Settlement Administrator
P.O. Box 2005
Chanhassen, MN 55317-2005
swipeclocksettlement@noticeadministrator.com

No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.

If you wish to object to the Settlement, you must file a letter or brief in writing with the Clerk of the Court of the Circuit Court of Cook County, Illinois, County Department, Chancery Division of the Richard J. Daley Center, 50 West Washington Street, Room 2307, Chicago, Illinois 60602. The objection must be received by the Court no later than March 14, 2025. You must also send a copy of your objection by mail to the attorneys for all Parties to the lawsuit, including Class Counsel (Stephan Zouras, LLC, 222 West Adams Street, Suite 2020, Chicago, Illinois 60606), as well as Defendant’s counsel (Katten Muchin Rosenman LLP, 525 West Monroe Street, Chicago, Illinois 60661) no later than March 14, 2025. Any objection to the proposed Settlement must include (a) your full name, current address, telephone number, and email address (b) the basis for and an explanation of the objection, (c) the case name and number, (d) a list of any other objections filed, (e) a statement of whether you are represented by counsel and, if so, a list of all objections filed by that counsel, (f) a statement of whether you intend to appear at the Final Approval Hearing with or without counsel, and (g) your 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 March 14, 2025. 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.

Class Counsel will file with the Court their request for attorneys’ fees and costs as well as a service award to the Class Representative.