YOU MAY BE ENTITLED TO A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU WERE REQUIRED TO PROVIDE YOUR BIOMETRIC INFORMATION (E.G. FINGERPRINTS, ETC.) FOR EMPLOYEE TIMEKEEPING PURPOSES TO KIMPTON HOTEL & RESTAURANT GROUP, LLC AT ANY CHICAGO HOTEL OR RESTAURANT AT ANY TIME BETWEEN JANUARY 1, 2012 AND JULY 31, 2018.
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, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendants violated the BIPA by requiring their current and/or former employees to submit their fingerprints for timekeeping purposes between January 1, 2012, and July 31, 2018 without first providing the requisite disclosures or obtaining the requisite consent. Defendants contest these claims and deny that they violated the BIPA.
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.
WHAT ARE MY OPTIONS?
(1) Accept the Settlement.
To accept the Settlement, you must submit a Claim Form by December 5, 2018. You may obtain a Claim Form by clicking here or by calling the Settlement Administrator and you may submit your Claim Form online by clicking here or by U.S. Mail at Kimpton BIPA Settlement, Settlement Administrator, P.O. Box 404002, Louisville, KY 40233-4002. If the Settlement is approved and your claim is deemed valid, a check will be mailed to you. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement, and is the only thing you need to do to receive a payment.
(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 Defendants and the Releasees (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 Releasees at your own risk and expense. 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 a statement that you wish to be excluded. You may submit an exclusion request online by clicking here and submitting the online form. The deadline to submit the form is November 6, 2018.
(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 Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street, Courtroom 2102, Chicago, Illinois 60602. The objection must be received by the Court no later than November 6, 2018. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Myles McGuire, Evan M. Meyers, David L. Gerbie, and William P. Kingston, MCGUIRE LAW, P.C., 55 West Wacker Drive, 9th Floor, Chicago, Illinois 60601), as well as the attorneys representing Defendants (Michael J. Burns and Thomas E. Ahlering, SEYFARTH SHAW LLP, 233 South Wacker Drive, Suite 8000, Chicago, IL 60606), postmarked no later than November 6, 2018.
(4) Do Nothing.
If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against the Releasees regarding any of the Released Claims. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.