On October 20, 2022, the Court finally approved the settlement.
Orland Park BIPA Settlement
Bertasiute v. Orland Park Deli, Inc. d/b/a McAlister’s of Orland Park
Case No. 2020-CH-07055
Frequently Asked Questions
Learn How This Settlement Affects Your Rights and Get Answers to Your Questions About the Settlement
Welcome to the Orland Park BIPA Settlement Home Page.
A settlement has been reached in a class action between Orland Park Deli, Inc. d/b/a McAlister’s of Orland Park (“Defendant” or “Orland”) and some of its current and former employees in Illinois. The lawsuit claims that Orland violated an Illinois law called the Biometric Information Privacy Act (“BIPA”) by collecting employees’ fingerprints on timeclocks in Illinois without obtaining their informed, written consent. Orland denies any wrongdoing and says that it has not violated any laws. The Settlement does not establish who is right or wrong, but rather is a compromise to end the lawsuit and avoid the uncertainties and expenses that come with continuing in court.
You are included in the Settlement if you are a current or former employee of Orland that used Orland’s fingerprint scanner in Illinois between December 3, 2015 and June 27, 2022. Some exceptions to participating apply. For example, persons who entered into separate settlement agreements with Orland are not included. All exceptions are detailed in the notice you received.
If you’re eligible and the Court approves the Settlement, you will automatically receive a payment of approximately $300. All litigation costs, settlement expenses, and legal fees will be separately paid from the settlement fund.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | |
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DO NOTHING |
You will receive a payment under the Settlement and give up your rights to sue Orland about the issues in this case. |
EXCLUDE YOURSELF | You will receive no payment, but you will retain any rights you currently have to sue Orland about the issues in this case. |
FILE AN OBJECTION | If you do not exclude yourself, you can write to the Court explaining why you don’t like the Settlement. You will remain in the Class, receive a payment under the Settlement, and give up your rights to sue Orland about the issues in this case. |
ATTEND A HEARING | Ask to speak in Court about the fairness of the Settlement. |
Important Dates
Exclusion Deadline: September 27, 2022
Objection Filing Deadline: September 27, 2022
Fairness Hearing: October 20, 2022 at 2:00 p.m.