Native Wholesale Inc. is a wholesale distributor of florist supplies and flowers operating from five locations around the United States. The company has decided to settle a class action lawsuit alleging that it violated Illinois law by taking biometric identifiers without obtaining written consent from and providing adequate disclosures to its employees. The benefits of the settlement will be received by the employees working in Illinois. Though Native Wholesale Inc. has denied all claims that it has violated the Illinois Biometric Information Privacy Act (BIPA), it has decided to settle the class action claim with $691000 to prevent the cost and risk of ongoing litigation.
Settlement website – NativeBIPASettlement.com
Objection deadline – 12/19/2022
Exclusion deadline – 12/19/2022
Claim Form – https://nativebipasettlement.com/file-your-claim/
Deadline for submitting the claim – 01/30/2023
Final Hearing date – 04/04/2023
Settlement amount – $691K
Potential claim amount – Variable
Proof of purchase – Not applicable
Class members will include everyone who has either worked or is working in Illinois for Native and clocked their time in and out of work at Native Wholesale Inc. with a finger or hand scanning between 8th May 2015 and 1st July 2021. These members shouldn’t have signed a consent form before their biometrics were taken by the defendant. As per BIPA’s restrictions, private companies are prohibited from storing, capturing, or sharing different biometric identifiers like hand geometry, fingerprints, retina scans, or facial recognition for different purposes without obtaining written consent or providing written disclosures. The lawsuit alleged that Native failed to meet these requirements.
The main aim of BIPA legislation is to protect the rights of individuals and prevent potential identity theft. According to the law, aggrieved people who have been suffering from “negligent” violations are eligible for recovery of $1000 and $5000 against a private entity that has recklessly or intentionally violated the law.
The class members are eligible to receive payments of $1000. They can claim their part of the settlement fund by submitting a claim form. Though their maximum ceiling for payment is $1000, the actual amount might be less depending on the number of claims filed by the members. Out of the total settlement fund, $15000 will be paid to the court and 35% will go towards paying attorney’s fees. Class members filing valid claims will be eligible for the remaining proceeds.
On being excluded, class members will retain their right to sue Native Wholesale Inc. individually but won’t be eligible to receive funds from the settlement. Class members need to send written objections to the court if they wish to object to the settlement. A claim form shall have to be submitted by all class members to affirm that they scanned their hands or finger using the company’s timekeeping system. Class members need to fully complete the form to be eligible to receive the settlement payment. If the class members don’t fill out the form, their right for suing at a later date and claim for payment shall be automatically forfeited.
