Frequently Asked Questions
What is this lawsuit about?
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 such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated BIPA by requiring individuals visiting its Illinois facilities between March 29, 2014, and January 29, 2021 to provide their fingerprints without first providing the requisite disclosures or obtaining the requisite consent. Defendant disagrees with these claims and denies that it violated the BIPA. The Complaint in the lawsuit is available here, and contains all of the allegations and claims that will be resolved through this Settlement. Defendant denies these allegations; however, in order to avoid the expense, inconvenience, and distraction of continued litigation, the Parties have agreed to the Settlement described herein.
If you received the Notice, you have been identified as someone who may have been required to submit your fingerscan to CSX at one of its Illinois facilities between March 29, 2014, and January 29, 2021. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. This website, including the detailed Long Form Notice and these FAQs, 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 and explanations so that you can better understand your legal rights.Back To Top
Why is this a Class Action?
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.Back To Top
Why is there a Settlement?
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 an incentive 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 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 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.Back To Top
Who is in the Settlement Class?
You are a member of the Settlement Class if, at any time between March 29, 2014, and January 29, 2021, you provided your fingerscan to CSX Intermodal Terminals, Inc. in Illinois. If you provided your fingerscan at a CSX Intermodal Terminals facility in Illinois between March 29, 2014, and January 29, 2021, please click here to submit a claim for cash benefits.Back To Top
What does the Settlement provide?
Cash Payments. Defendant has agreed to create a $5,250,000.00 Settlement Fund for the Settlement Class Members. All Settlement Class Members are entitled to submit a Claim Form in order to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely, valid Claim Form will receive an equal portion of this fund, after all notice and administration costs, the incentive awards, and attorneys’ fees—if approved by the Court—have been paid. The exact amount of each Settlement Class Member’s payment is unknown at this time. Payments are estimated to be $350.00–$650.00 per valid claimant, but could be more or less, depending on the number of valid Claim Forms submitted. The Settlement Administrator will issue a check to each Settlement 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 120 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed in FAQ 10) will ask the Court to award them attorneys’ fees of up to forty percent 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 $15,000.00 for his time, effort, and service in this matter. Class Counsel will file with the Court and post on this Settlement Website their request for attorneys’ fees and incentive awards on March 26, 2021.Back To Top
What are my options under the Settlement?
The Claim Filing Deadline was May 7, 2021. You can no longer file a claim for this Settlement.
The deadline for filing an objection or exclusion was April 16, 2021.Back To Top
What rights am I giving up in 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 its related entities, agents, and vendors (as defined in the Settlement Agreement), and relating to participation in their Fingerscan System from March 29, 2014, to January 29, 2021. 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 in FAQ 10 below, 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.Back To Top
When will I be paid?
The award checks were mailed on November 4, 2021.Back To Top
When will the Court rule on the Settlement?
The Court held a Final Approval Hearing at 9:30 a.m. on May 13, 2021, at the Richard J. Daley Center, 50 West Washington Street, Courtroom 2402, Chicago, Illinois 60602. At this hearing, the Court determined the Settlement to be fair, reasonable and adequate. The Court granted approval for payment of attorneys’ fees and costs. The Court also approved payment of administration costs and Incentive Awards for Class Representative.Back To Top
Who represents the Class?
The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You may consult with these lawyers for free. If you want to be represented by your own lawyer instead, you may hire one at your own expense.
Myles McGuireBack To Top
Evan M. Meyers
David L. Gerbie
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Fl.
Chicago, IL 60601
Where can I get additional information?
This is only 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 1-800-870-5804 or contact Class Counsel at the numbers or email addresses listed in FAQ 10. 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.Back To Top
How can I get my award payment reissued?
The deadline to request a reissue passed on March 4, 2022. It is no longer possible to have a payment reissued.Back To Top
When were claim checks issued?
Payments were sent November 4, 2021, via mail to the address on file.Back To Top