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Notice of Class Action Settlement (Long Form)
Notice of Class Action Settlement (Long Form) - Spanish/En Espanol
Notice of Class Action Settlement (Long Form) - Polish/Polski
If you used Epay Systems, Inc.'s ("EPAY") biometric timekeeping system for clocking in and out of work between May 17, 2019 and May 17, 2024, you may be entitled to benefits under a class action lawsuit.
A court authorized this Notice. This is not a solicitation from a lawyer.
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A proposed settlement will provide $1,526,250.00 (the "Settlement Funds") to fully settle and release claims of the following individuals:
The approximately 609 individuals identified whose biometric identifiers or information were allegedly captured, obtained, used, or disclosed by Defendant in Illinois in violation of BIPA as alleged in this action between May 17, 2019 and May 17, 2024.
The following are excluded from the Settlement Class: (1) the judge presiding over this case; (2) the judges of the Illinois Appellate Court; (3) the immediate families of the preceding person(s); (4) any Released Party; and (5) any Settlement Class Member who timely opts out of this Action.
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Epay denies Plaintiff's allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff's claims or Epay's defenses. By entering into the settlement, Epay has not conceded the truth or validity of any of the claims against it.
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The Settlement Funds shall be used to pay amounts related to the settlement, including awards to the Settlement Class, attorneys' fees and costs to attorneys representing Plaintiff and the Settlement Class ("Class Counsel"), any service award for Plaintiff, and the costs of notice and administration of the settlement. Class Counsel estimate that Settlement Class members will receive approximately $1,500 ("Initial Settlement Award Checks"). Any monies remaining in the Settlement Fund after the Initial Settlement Award Checks are distributed and the expiration date to cash such checks has passed will be distributed on a pro rata basis to those Settlement Class Members who cashed their Initial Settlement Award Checks (the "Subsequent Distribution"), so long as the amount to be distributed is at least $10.00 per class member. The Subsequent Distribution shall be made within thirty (30) days after the expiration date of the Initial Settlement Award Checks. If there is not enough money to pay at least $10.00 to Settlement Class Members who cashed their initial Settlement Award checks, or if any checks from the subsequent distribution remain uncashed after the stale date, those funds shall be distributed to the following cy pres: Prairie State Legal Aid, subject to court approval.
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Your rights and options, and the deadlines to exercise them, are explained in this Notice. Your legal rights are affected whether you act or do not act. Read this Notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: | |
| MAKE A CLAIM | To obtain money from the settlement you must make a claim. To make a claim, you must fully complete the Claim Form that was sent to you and mail it to the Settlement Administrator postmarked by October 6, 2025, or submit a claim online by October 6, 2025. |
| EXCLUDE YOURSELF OR "OPT-OUT" OF THE SETTLEMENT | If you ask to be excluded, you will not receive a payment. This is the only option that allows you to pursue your own claims against Epay or other released parties related to a released claim. The deadline for excluding yourself is October 6, 2025. |
| OBJECT TO THE SETTLEMENT | If you wish to object to the settlement, you must write to the Court about why you believe the settlement is unfair in any respect. The deadline for objecting is October 6, 2025. |
| DO NOTHING | If you do nothing, you will not receive a payment from the settlement but you will give up your rights to sue EPAY or any other released parties related to a released claim. |
| GO TO THE FINAL APPROVAL HEARING | You may attend the Final Approval Hearing. At the Final Approval Hearing you may ask to speak in Court about the fairness of the settlement. To speak at the Final Approval Hearing, you must file a document that includes your name, address, telephone number and your signature with the Court, which must also state your intention to appear at the Final Approval Hearing. This must be filed no later than October 6, 2025. |
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These rights and options-and the deadlines to exercise them-are explained in this Notice.
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The Court in charge of this case still has to decide whether to approve the settlement. Payments (i.e. Settlement Award Checks) will be disbursed if the Court approves the settlement and after any appeals are resolved. Please be patient.
This notice is only a summary of the proposed settlement. You can get a copy of the settlement agreement by visiting the Important Court Documents section. You can also call Class Counsel with any questions at (815) 999-9130 or (312) 442-0509.
DO NOT CALL OR WRITE TO THE COURT, THE CLERK OF THE COURT, EPAY, OR EPAY'S COUNSEL ABOUT THE SETTLEMENT.