This lawsuit alleges that Orland violated BIPA by using fingerprint scanning timeclocks in Illinois without complying with the law’s requirements. That law says companies can’t collect, store, or give out “biometric data,” which includes things like face, hand, or fingerprint scans, without first giving notice, getting consent, and posting a policy about what they will do with the data.

A class action is a lawsuit in which one or more plaintiffs—in this case, Tyra Hosch—sue on behalf of a group of people who have similar claims. Together, this group is called a “Class” and consists of “Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class.

If the Court approves the Settlement, Orland has agreed to pay $90,000 to create a “Settlement Fund.” Class counsel will apply to the Court for compensation of up to one-third of the total Settlement Fund in legal fees and expenses. This amount and the costs of administering the Settlement, as well as an incentive award of up to $2,500 to the named Plaintiff, will be deducted from the Settlement Fund before it is equally distributed to class members, which, if granted, Class Counsel expect will result in settlement payments to class members of approximately $300 each.

The Court decided that this Settlement includes all current and former employees of Orland that used Orland’s fingerprint-scanner timeclock in Illinois between December 3, 2015 and June 27, 2022. There are 165 people in the Settlement Class.

Some current and former employees of Orland are excluded from the Settlement Class. The Settlement Agreement has a list of the categories of people who are excluded. This list includes employees that have already released their claim in a separate agreement with Orland. Other persons are excluded because they worked for the judges or lawyers involved.

You can mail a letter stating that you want to be excluded from the Settlement. Your letter must: (1) be in writing, (2) identify the case name, “Bertasiute v. Orland Park Deli, Inc. d/b/a McAlister’s of Orland Park, Case No. 2020-CH-07055,” (3) state your full name and current address, (4) be physically signed by you or your representative, and (5) be postmarked for delivery by mail to the Settlement Administrator on or before September 27, 2022. Your request to be excluded must also include a statement to the effect that: “I hereby request to be excluded from the proposed Settlement Class in Bertasiute v. Orland Park Deli, Inc. d/b/a McAlister’s of Orland Park, Case No. 2020-CH-07055.” You must mail your exclusion request no later than September 27, 2022 to:

Bertasiute v. Orland Park Deli, Inc. Settlement Administrator
P.O. Box 2002
Chanhassen, MN 55317-2002

You can’t exclude yourself over the phone.

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should deny approval before filing an objection. To object, you must file a letter or brief with the Court stating that you object to the Settlement in Bertasiute v. Orland Park Deli, Inc. d/b/a McAlister’s of Orland Park, Case No. 2020-CH-07055, no later than September 27, 2022. Your objection must be e-filed or delivered to the Court at the following address:

Clerk of the Court of the Circuit Court of Cook County, Illinois
Richard J. Daley Center
50 W. Washington St., Room 802
Chicago, Illinois 60602

The Objection must be in writing, must be signed, and must include the following information: (1) your full name and current address, (2) a statement that you believe yourself to be a member of the Settlement Class, (3) the specific grounds for your objection, (4) all documents or writings that you desire the Court to consider, (5) the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of your objection or who may profit from the pursuit of your objection, and (6) a statement indicating whether you (or your counsel) intend to appear at the Final Approval Hearing.

The Court will hold the Final Approval Hearing at 2:00 p.m. CT on October 20, 2022 before the Honorable Pamela McLean Meyerson. The hearing will take place by Zoom (meeting ID: 928 9663 2736; password: 813107).

If you have any questions, you can call the Settlement Administrator at 1-833-748-4835. In addition to the documents available HERE, all pleadings or documents filed in court may be reviewed or copied in the Office of the Clerk, Cook County Circuit Court, Chancery Division, 50 W. Washington St., Richard J. Daley Center, Chicago, Illinois 60602.