Frequently Asked Questions

BASIC INFORMATION

1. Why did I get a notice?

The court has authorized notice of a proposed settlement in a class action lawsuit, Gomez v. Industrial Business Services, LLC., No. 2021-L-00952 pending in the Circuit Court of DuPage County, Illinois before the Honorable Judge Jennifer Barron. The Settlement would resolve a lawsuit brought on behalf of persons who allege that Industrial Business Services, LLC (“Defendant”) implemented a timekeeping system that required Defendant’s workers to provide a scan of their finger or hand for timekeeping purposes without complying with the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. (“BIPA”). If you received notice, you have been identified as someone who may have used a biometric timekeeping system while working for Defendant in Illinois at any time from March 12, 2015 to October 24, 2024. The Court has granted preliminary approval of the Settlement and has preliminarily 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 and explanations below so that you can better understand your legal rights.

2. What is this lawsuit about?

BIPA prohibits private entities from capturing, obtaining, storing, transferring, and/or using biometric identifiers and/or biometric information, such as fingerprints, handprints, or hand scans for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated BIPA by collecting its workers’ biometric identifiers through a biometric timekeeping system in Illinois without complying with several of BIPA’s requirements. Defendant contests these claims and denies that it violated BIPA.

3. 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.

4. 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 the Settlement Administrator’s expenses, attorneys’ fees and costs to Class Counsel, and a Service Award to the Class Representative, if sought and 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 the Notice and the opportunity to exclude themselves from the Settlement Class, and to voice their support or opposition to final approval of the Settlement. If the Court does not grant 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.

5. Who is in the Settlement Class?

You are a member of the Settlement Class if you used a biometric timekeeping system in Illinois while working for Industrial Business Services at any time from March 12, 2015 to October 24, 2024.

6. What are my options?

1. Accept the Settlement and receive monetary benefits
   
   To accept the Settlement and receive payment from the Settlement Fund, you do not have to do anything. If the Court approves the Settlement the Settlement Administrator will automatically send a check to your last known mailing address.


2. Exclude yourself
   
   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. To exclude yourself from the Settlement, you must mail a signed letter to the Settlement Administrator at Gomez v. Industrial Business Services Inc., P.O. Box 25226, Santa Ana, CA 92799 postmarked by January 3, 2025. You may also submit a request for exclusion online here by January 3, 2025. 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, and email address, and a statement that you wish to be excluded from the Settlement Agreement.


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 Court of the Circuit Court of DuPage County, Illinois, 505 North County Farm Road, Wheaton, IL 60187. The objection must be postmarked no later than January 3, 2025. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Chandne Jawanda of McGuire Law, P.C., 55 West Wacker Drive, 9th Floor, Chicago, Illinois 60601), as well as Defendant’s Counsel (Melissa Siebert of Cozen O’Connor, 123 North Wacker Drive, STE. 1800, Chicago, Illinois 60606) postmarked no later than January 3, 2025. Any objection to the proposed Settlement must include your (i) full name, address, telephone number, and email address; (ii) the date range during which you were employed by or worked for Defendant; (iii) the case name and number of this Litigation; (iv) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (v) the identification of any other objections you have filed, or have had filed on your behalf, in any other class action cases in the last four years; and (vi) 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 January 3, 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.
   
   You may appear at the Final Approval Hearing, which will be held on January 22, 2025, at 9:00 a.m. in Courtroom 2018 of the Circuit Court of DuPage County, 505 North County Farm Road, Wheaton, Illinois, 60187, (via remote https://www.18thjudicial.org/18thJudicial/Remote-Court-Hearings), either in person or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Participating in 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. The hearing date and time, and whether the hearing will be conducted remotely, is subject to change by the Court without further mailed notice, so please check the Important Dates section for updates.

7. What does the Settlement provide?

Cash Payments. Defendant has agreed to create a $380,000.00 Settlement Fund. If the Court approves the Settlement, and you do not exclude yourself from the Settlement Class, you will automatically receive an equal share of the Settlement Fund after deductions for the Settlement Administrator’s expenses, any attorneys’ fees, costs and expenses for Class Counsel, and a Service Award for the Class Representative. The exact amount of each Class Member’s payment is unknown at this time, but the net per-person payment is estimated to be between $110-200. The attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees in an amount up to 35% of the Settlement Fund, plus their reasonable costs and expenses, for the 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 $5,000.00 for her time, effort, and service in this matter.

Non-Monetary Relief. Without admitting any liability, Defendant represents that it has taken steps to become BIPA compliant and will remain BIPA compliant while using the timekeeping system in Illinois that is the subject of the Litigation.

8. 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 other Released Parties (as defined in the Settlement Agreement) relating to the use of Defendant’s and other Released Parties’ biometric timekeeping system. 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 Settlement Website. Unless you formally exclude yourself from this Settlement, you will release your claims. If you have any questions, you can talk for free to the attorneys identified 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.

9. When will I be paid?

The Parties cannot predict exactly when (or whether) the Court will give Final Approval to the Settlement, so please be patient. However, if the Court finally approves the Settlement, you will be paid as soon as possible after the court order becomes final, which should occur within approximately 45-60 days after the Settlement has been finally approved. If there is an appeal of the Settlement, payment may be delayed. Updated information about the case is available at the Important Documents section, or you can call the Settlement Administrator at (866) 675-2314, or contact Class Counsel at the address provided below.

10. When will the court rule on the Settlement?

The Court has already given preliminary approval to the Settlement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement. At the Final Approval Hearing, the Court will also consider whether to make final the certification of the Class for settlement purposes, hear any proper objections and arguments to the Settlement, as well as any requests for an award of attorneys’ fees, costs, and expenses and a Class Representative Service Award that may be sought by Class Counsel. The Court will hold the Final Approval Hearing on January 22, 2025, at 9:00 a.m. (https://www.18thjudicial.org/18thJudicial/Remote-Court-Hearings). The hearing date and time is subject to change by the Court without further mailed notice, so please check the Important Dates section, for updates.

If the Settlement is given final approval, the Court will not make any determination as to the merits of the claims against Defendant or its defenses to those claims. Instead, the Settlement’s terms will take effect and the lawsuit will be dismissed on the merits with prejudice. Both sides have agreed to the Settlement in order to achieve an early and certain resolution to the lawsuit, in a manner that provides specific and valuable benefits to the members of the Settlement Class.

If the Court does not approve the Settlement, if it approves the Settlement and the approval is reversed on appeal, or if the Settlement does not become final for some other reason, you will not be paid at this time and Class Members will receive no benefits from the Settlement Fund. Plaintiff, Defendant, and all of the Class Members will be in the same position as they were prior to the execution of the Settlement, and the Settlement will have no legal effect, no class will remain certified (conditionally or otherwise), and Plaintiff and Defendant will continue to litigate the lawsuit. There can be no assurance that if the Settlement is not approved, the Settlement Class will recover more than is provided in the Settlement, or indeed, anything at all.

11. Who represents the Settlement Class?

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:

12. Where can I get additional information?

This website and the Notice are only a summary of the proposed Settlement of this lawsuit. More details are contained in the Settlement Agreement which, along with other documents, can be obtained at the Important Documents page. If you have any questions, you can also call the Settlement Administrator at (866) 675-2314 or contact Class Counsel at the numbers or email addresses set forth above. In addition to the documents available on the case 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.