HALINA MROZEK v. EPAY SYSTEMS, INC. Settlement

No.  If you received a Notice it's because you are a member of a class action and your rights may be affected.  You may also be entitled to certain benefits.  Please read the notice for more information.

In a class action, a person called a Class Representative (here, Plaintiff, Halina Mrozek) sues on behalf of people who allegedly have similar claims. This group is called a class and the persons included are called class members. One court resolves the issues for all of the class members, except for those who exclude themselves from the class.

Here, Plaintiff claims Epay violated the Illinois Biometric Information Privacy Act ("BIPA"), 740 ILCS 14/1, et seq., by failing to: (1) obtain individuals' informed written consent before collecting, capturing, or otherwise obtaining their biometric data in connection with Epay's timekeeping system and access system; (2) implement and adhere to a written policy for permanently destroying the biometric data in its possession; and (3) obtain individuals' informed consent before disclosing or redisclosing their biometric data. EPAY denies these allegations and any wrongdoing. The Court has conditionally certified a class action for settlement purposes only. 

The Court has certified a class action for settlement purposes only. The Settlement Class is defined as:

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.

A "Settlement Class Member" is any person in the Settlement Class who is not validly excluded from the Settlement Class. If you are still not sure whether you are included, you can visit other sections of the Settlement Website, www.EPAYBIPAsettlement.com, or you may write to the Settlement  Administrator  at  Epay Systems, Inc.  BIPA  Settlement,  c/o American Legal Claims Services, LLC, P.O. Box 23369, Jacksonville, FL 32241, for more information.

Settlement Fund. EPAY will pay $1,526,250.00 into a fund (the "Settlement Fund"), which will cover: (1) cash payments to Settlement Class Members; (2) an award of attorneys' fees and expenses to Class Counsel as approved by the Court; (3) a service award to the Plaintiff, Halina Mrozek, if approved by the Court; and (4) the costs of notice and administration of the Settlement.

Cash Payments. All Settlement Class Members who submit valid Claim Forms will receive a cash payment. Any money remaining in the Settlement Fund after paying all Settlement Award Checks that are cashed by Settlement Class Members, attorneys' fees and costs to Class Counsel, any service award to Plaintiff, and the costs of notice and administration of the settlement, will be distributed on a pro rata basis to those Settlement Class Members who cashed their Initial Settlement Award Check, so long as the amount to be distributed per Claimant is at least $10.00. Any subsequent distribution will be made within thirty (30) days after the expiration date of the Initial Settlement Award Check has passed.

To obtain a payment 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 an online claim form by October 6, 2025. If your claim is approved, a payment will be sent to you, along with a 1099 Form.

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 and you didn’t receive a notice and claim form in the mail, you may email to verify your eligibility for this settlement at [email protected].  Your request will be reviewed and you will be notified of the decision regarding your eligibility for the settlement.

Information to include in email request:

Subject: Mrozek v Epay Systems, Inc. - Eligibility Inquiry

Please include:

1 - Your full name
2 - Your current mailing address
3 - The mailing address you used when using EPAY system, and
4 - The dates you were employed and used the EPAY system.
5 - Name of employer and address of employer when using the EPAY system.

No. Class Counsel will appear on behalf of the Settlement Class. But, you are welcome to come, or have your own lawyer appear, at your own expense.

Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address. 

To update your mailing address, you can use your NoticeID and PIN from the notice sent to you and update it on the Update Address section of the website or you can contact the Settlement Administrator via email at [email protected].  Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email.

Alternatively, you can mail that information to: Mrozek v Epay Systems, c/o ALCS  P.O. Box 23369, Jacksonville, FL 32241.

Two items are required for a name change.
1 - A copy of your marriage license, divorce decree or court order
2 - A valid government-issued ID with your current name

You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ and the case name: Mrozek v Epay Systems in the subject line. In the body of the email, provide the NoticeID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

Alternatively, you can submit the required documents by mail to: , Mrozek v Epay Systems c/o ALCS  P.O. Box 23369, Jacksonville, FL 32241.

Three items are required for a name change for a deceased Class Member. They are:
1 - A Copy of the death certificate 
2 - Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc.
3 - Name(s) and address(es) of beneficiary(ies)

The documentation will be reviewed when received.  We may reach out to you with additional questions, if necessary.

You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence. 

Alternatively, you can submit the required documents by mail to: Mrozek v Epay Systems, c/o ALCS  P.O. Box 23369, Jacksonville, FL 32241.

If you want to keep the right to sue, or continue to sue Epay or a Released Party, as defined in the Settlement Agreement, then you must take steps to get out of the Settlement Class. This is called excluding yourself from, or opting-out of, the Settlement Class.

A Settlement Class Member who wishes to exclude himself or herself from this Settlement, and from the Release pursuant to this Settlement, shall submit a written Opt-Out Request to the Settlement Administrator at the address designated in the Notice no later than the Opt­ Out/Objection Deadline. Opt-Out Requests must: (i) be timely submitted by the Opt­ Out/Objection Deadline; (ii) be signed by the person in the Settlement Class who is requesting to be excluded from the Settlement Class; (iii) include the name and address of the person in the Settlement Class requesting exclusion; and (iv) include a statement or words to the effect of the following: "I request to be excluded from the Epay Systems, Inc. BIPA Settlement, and understand that by doing so I will not be entitled to receive any of the benefits from the settlement." No person may exclude any other person from the Settlement Class.

To be valid, you must mail your exclusion request postmarked no later than October 6,  2025 to the Settlement Administrator at Epay Systems, Inc. BIPA Settlement, c/o American Legal Claim Services, LLC, P.O. Box 23369, Jacksonville, FL 32241.

If you are in the Settlement Class, you can object to the settlement or any part of the settlement that you think the Court should reject, and the Court will consider your views. If you do not provide a written objection in the manner described below, you shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the settlement, or the award of any attorneys' fees and expenses, and/or any proposed service award.

To object, you must make your objection in writing, stating that you object to the Settlement. To be considered by the Court, you must personally sign the objection and provide the following information with it: (i) full name, current address, and current telephone number; (ii) documentation sufficient to establish membership in the Settlement Class; (iii) a statement of reasons for the objection, including the factual and legal grounds for the objector's position; and (iv) copies of any other documents the objecting Settlement Class Member wishes to submit in support of his/her/its position.

To be considered, you must file your objections with the Court and mail your objections to the addresses below no later than October 6, 2025.

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, or you can email  [email protected].  You may also contact 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.