Medefil Settlement

 Austin McDonald v. Medefil, Inc., Case Number 2024 CH 00628, pending in the Circuit Court of Cook County, Illinois, Chancery Division

PLEASE READ THE NOTICE CAREFULLY AS YOUR LEGAL RIGHTS MAY BE AFFECTED. A CLASS ACTION SETTLEMENT HAS BEEN REACHED UNDER WHICH YOU MAY BE ENTITLED TO A PAYMENT.

What is thE Lawsuit about?

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 biometric information, defined to include fingerprints, scans of hands or face geometry, without first providing individuals with certain written disclosures and obtaining a written release. This action arises from Defendant’s allegedly unlawful use of a biometric time clock system for its employees and contractors in violation of BIPA. Defendant denies these allegations, denies violations of any law, and denies all liability.

What does the Settlement Provide?

Cash Payments and Option for Dark Web Monitoring. Defendant has agreed to create a Settlement Fund for the Settlement Class Members. All Settlement Class Members who do not opt out of the settlement are entitled to receive a payment out of the Settlement Fund if they file a claim.

If the Settlement is approved, each Settlement Class Member who files a claim will receive a check for a pro rata portion of the Settlement Fund after deduction of the Fee Award, Expense Award, Incentive Award to the Class Representative, and the Settlement Administration Expenses. The Settlement Administrator will issue a check to each such Class Member following the final approval of the Settlement. All checks issued to such Settlement Class Members will expire and become void ninety (90) days after they are issued.

Additionally, all Settlement Class Members who submit a valid claim are eligible to initiate three years of dark web monitoring provided by Experian. Dark web monitoring is a service that continuously monitors the dark web for stolen or leaked information that is being shared and sold among criminals operating on the dark web. The service alerts a user when it detects the user’s personal information has been exposed.

If the Settlement is finally approved by the Court, each Settlement Class Member who makes a valid claim will receive an activation code and instructions with the Settlement Payment check that can be used to activate dark web monitoring. Any properly activated dark web monitoring costs by any Settlement Class Member will be paid directly to Experian by Defendant. Under no circumstances will any Settlement Class Member be eligible for or receive an additional cash payout in lieu of dark web monitoring.

Finally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees of 30.75% of the Maximum Settlement Amount and reasonable litigation costs and expenses for the time, expense, and effort expended in investigating the facts, litigating the case, and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $7,500.00 for his time, effort, and service in this matter.

WHY IS THERE A SETTLEMENT?

To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a settlement that resolves all claims against Defendant relating to the allegations in the Action. The Settlement Agreement requires Defendant to pay money to the Settlement Class, provide the option for dark web monitoring to the Settlement Class, and pay settlement administration expenses to the Settlement Administrator, attorneys’ fees and costs to Class Counsel, and an incentive award to the Class Representative. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law. Defendant agreed to the Settlement to avoid the distraction and expense of continued litigation.

WHO IS IN THE SETTLEMENT CLASS?

All employees and contractors of Medefil, Inc. who, from October 18, 2014 to March 5, 2025, used finger or hand-scan timekeeping systems without having first signed a written consent and release. There are approximately 242 people who fall within the class definition.

Important Dates For Class Members :

Request Exclusion: May 19, 2025
Object to the Settlement: May 19, 2025
Submit a Claim Form: June 3, 2025
Final Approval Hearing: June 12, 2025, 1:30 p.m.