1. Why was Notice issued?
2. A court has not decided that ABP did anything wrong.
3. What is a class action?
4. What is this lawsuit about?
5. Why is there a Settlement?
6. How do I know if I am in the Settlement Class?
7. What does the Settlement provide?
8. How much will my payment be?
9. When will I get my payment?
10. How do I get a payment?
11. What am I giving up if I stay in the Class?
12. Do I have a lawyer in the case?
13. How will the lawyers be paid?
14. How do I get out of the Settlement?
15. If I don’t exclude myself, can I sue the Defendant for the same thing later?
16. If I exclude myself, can I get anything from this Settlement?
17. How do I object to the Settlement?
18. What’s the difference between objecting and excluding myself from the Settlement?
19. When and where will the Court decide whether to approve the Settlement?
20. Do I have to participate in the hearing?
21. May I speak at the hearing?
22. Where do I get more information?
A Court authorized notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
The case is pending in the United States District Court for the Northern District of Illinois. The case is called Hilliard v. ABP Corporation., Case No. 1:21-cv-00233. The person who sued is called the Plaintiff. The Defendant is ABP.
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ABP denies any wrongdoing and maintains it has not violated BIPA or any other law. Nonetheless, ABP is willing to enter into this settlement in the interest of resolution.
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In a class action, one or more people called class representatives (in this case, Michael Hilliard) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.
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This lawsuit alleges that ABP violated Illinois law by unlawfully collecting or capturing Biometric Identifiers and/or Biometric Information through its fingerprint and/or hand scan clock-in system. As noted above, ABP denies the claims in the lawsuit and contends that it did not do anything wrong and denies that class certification is warranted or appropriate. The Court did not resolve the claims or defenses raised in this action. Nor has the Court determined that ABP did anything wrong or that this matter should be certified as a class action except if the Settlement is fully approved by the Court. Rather, the Parties have, without admitting liability, agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.
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The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.
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The Court decided that everyone who fits the following description is a member of the Settlement Class:
All individuals who worked for Defendant in the State of Illinois, including temporary workers or contractors engaged by Defendant, who allegedly had their Biometric Identifiers and/or Biometric Information collected, captured, received, or otherwise obtained or disclosed by Defendant or its agents, without first signing a written consent form, for the period March 7, 2017, through March 23, 2021.
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Monetary Relief: A Settlement Fund has been created totaling $806,250. Class Member payments, and the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund (see Question 12).
Prospective Relief: ABP has represented that it is no longer using “biometric time clocks” in Illinois and will agree to provide all notices and obtain all consents required by Illinois law should ABP reinstate the use of “biometric time clocks.”
A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is accessible in the Documents section of this website.
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The amount of this payment will depend on how many requests for exclusion are submitted, as well as the amounts of the Fee Award and the Service Award approved by the Court. Each Class Member will receive a proportionate share of the Settlement Fund, which Class Counsel anticipates will be approximately $790. You can contact Class Counsel at (646) 837-7150 to inquire as to the number of requests for exclusion that have been received to date.
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The hearing to consider the fairness of the settlement is scheduled for July 10, 2024 at 9:30 a.m. If the Court approves the settlement, eligible Class Members will receive their payment 28 days after the Settlement has been finally approved and/or after any appeals process is complete. The payment will be made in the form of a check, and all checks will expire and become void 180 days after they are issued.
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If you are a Class Member who received a Notice via U.S. mail and you want to get a payment, do nothing and you will automatically receive a pro rata share of the Settlement Fund, which Class Counsel anticipates will be approximately $790 sent to the postal address identified in the Notice you received. If you have changed addresses or are planning to change addresses prior to August 7, 2024, please click here to complete and submit a change of address form.
If you are a Settlement Class Member who did not receive a Notice via U.S. mail and you want to get a payment, you must complete and submit a change of address form. You may submit a change of address form either electronically by clicking here, or by printing and mailing in a paper change of address form, copies of which are available for download in the Documents section of this website. Change of address forms must be submitted online by 11:59 p.m. EST on August 7, 2024 or postmarked and mailed by August 7, 2024.
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If the Settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section 1.28 of the Settlement Agreement. Unless you exclude yourself (see Question 13), you are “releasing” the claims. The Settlement Agreement is available here.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 12 for free or you can, of course, talk to your own lawyer if you have questions about what this means.
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The Court has appointed Philip L. Fraietta and Joseph I. Marchese of Bursor & Fisher, P.A. to represent the class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You do not need to pay these lawyers. Their fees will be paid from the Settlement Funds. If you want to be represented by your own lawyer in this case, you may hire one at your expense.
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The Defendant and Class Representative have agreed that Class Counsel attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than 35% of the Settlement Fund, which includes reimbursement for their out-of-pocket costs and expenses; the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.
Subject to approval by the Court, Defendant has agreed that the Class Representative may be paid a service award of $5,000 from the Settlement Fund for his services in helping to bring and resolve this case.
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To exclude yourself from the Settlement, you must submit a request for exclusion by 11:59 p.m. EST on June 7, 2024. Requests for exclusion may be submitted either on the Settlement Website (via the online form here) or by mailing or otherwise deliver a letter (or request for exclusion) stating that you want to be excluded from the Hilliard v. ABP Corporation, Case No. 1:21-cv-00233 settlement. Your letter or request for exclusion must also include your name, your address, an explanation of the basis upon which you claim to be a Class Member, your signature, the name and/or number of this case (noted above in italics in this paragraph), and a statement that you wish to be excluded. If you choose to submit a request for exclusion by mail, you must mail or deliver your exclusion request, postmarked no later than June 7, 2024, to the following address:
ABP BIPA Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
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No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.
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No. If you exclude yourself, you will not receive a pro rata share of the Settlement Fund.
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If you are a Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the Settlement in Hilliard v. ABP Corporation., Case No. 1:21-cv-00233, and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a Class Member, the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below.
Class Counsel will file with the Court and post on this website its request for attorneys’ fees by May 17, 2024.
If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to Question Number 21), you must say so in your letter or brief. File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, at the addresses below, postmarked no later than June 7, 2024.
Court | Class Counsel | Defendant’s Counsel |
The Honorable John J. Tharp Jr. Everett McKinley Dirksen United States Courthouse 219 South Dearborn Street, Courtroom 2303 Chicago, IL 60604 | Philip L. Fraietta Bursor & Fisher P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 | Erin Bolan Hines Cozen O’Connor P.C. 123 North Wacker Drive Suite 1800, Chicago, IL 60606 |
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Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
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The Court will hold the Final Approval Hearing on July 10, 2024 at 9:30 a.m. in Courtroom 2303 of the Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois. Counsel for the parties and any objectors must appear in person; any putative members of the Settlement Class may appear by telephone by dialing in to 877-848-7030 and entering the access code 5784864. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for an incentive award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.
The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by visiting this website or calling (866) 608-6957. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.
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No. Class Counsel will answer any questions the Court may have. But you are welcome to participate at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.
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Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Hilliard v. ABP Corporation., Case No. 1:21-cv-00233.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court, postmarked no later than June 7, 2024, and be sent to the addresses listed in Question 16.
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The Notice summarizes the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement in the Documents section of this website. You may also write with questions to ABP BIPA Settlement c/o Settlement Administrator, P.O. Box 25226 Santa Ana, CA 92799. You can call the Settlement Administrator at (866) 608-6957 or Class Counsel at (646) 837-7150, if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on this case website.
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