The deadline for individuals to file a claim or opt out of the Biometric Information Privacy Act (BIPA) class action against McDonald’s is Feb. 9.
Preliminary approval of the settlement agreement was granted on Nov. 29 against McDonald's Corporation, McDonald’s USA LLC, McDonald’s Restaurants of Illinois Inc. and McDonald’s franchisees that operate McDonald’s restaurants in Illinois.
St. Clair County Circuit Judge Heinz Rudolf is presiding over the class action.
McDonald’s agreed to create a settlement fund of up to $50 million for the class. Of that settlement, $5 million is held in two reserves that will be triggered if certain percentages of the settlement class return claims forms.
As part of the settlement, class attorney John J. Driscoll of The Driscoll Firm LLC plans to ask the court to award reasonable court costs and attorney’s fees of up to 37 percent of the maximum possible settlement, which could be up to $18.5 million. Driscoll seeks costs “for the substantial time, expense, and effort expended in investigating the facts, litigating the case, and negotiating the settlement.”
The class representatives will ask the court to award them up to $2,500 for their time, effort and service.
The class consists of anyone who worked at a McDonald’s-brand restaurant in Illinois and logged onto, interfaced with or used any software, systems or devices that required finger, hand, face, retina or any biometric identifier of any type at any time through Nov. 29, 2021.
All class members who timely return valid claims forms are entitled to receive a payment from the settlement fund, according to the settlement agreement.
The lawsuit alleges McDonald’s violated BIPA by requiring employees to submit their biometric identifiers and/or biometric information without providing disclosures or obtaining consent.
Despite the settlement agreement, the defendants argue that they complied with BIPA at all times and deny there is merit to the claims.
The defendants are represented by Michael Gray and Efrat Schulman of Jones Day in Chicago, Natalie Kussart and Phillip Graham of Sandberg Phoenix & von Gontard PC in St. Louis, Jamie Filipovic of O’Hagan Meyer LLC in Chicago, Sean Herring and Jody Mason Kahn of Jackson Lewis PC in Chicago and Steve Miller and James Hux of Fisher Phillips LLC in Chicago.
A final approval hearing will be held on Feb. 25.
If final approval of the settlement is granted, the settlement administrator will issue a check to each class member who submits a valid and timely claim form.
All checks issued to class members will expire and become void 120 days after they are issued.
St. Clair County Circuit Court case numbers 17-L-559 and 20-L-891