Here are answers to frequently asked questions about the settlement. Detailed information about the settlement is contained in the Class Notice and Settlement Agreement.
If you do not find an answer to your question here, please contact us directly.
About The Settlement
Why did I receive this settlement payment?
Your settlement payment is the result of a settlement in the Heartland Finger Scan Settlement Lawsuit.
This Lawsuit is about whether Heartland Employment Services, LLC (“Heartland”) violated the Illinois Biometric Information Privacy Act (“BIPA”). BIPA prohibits private companies from capturing, obtaining, storing, transferring, and/or using an individual’s biometric identifiers and/or biometric information, including a fingerprint or identifying information based on a fingerprint, without first providing an individual with certain written disclosures and obtaining written consent. The Lawsuit alleges that Heartland violated BIPA by collecting fingerprint data from its employees in Illinois through its biometric timekeeping system without first providing written notice or obtaining written consent. The Lawsuit also alleges that Heartland did not timely destroy fingerprint data for employees after they stopped working for Heartland. Finally, the Lawsuit alleges that Heartland disclosed fingerprint data to its timekeeping vendor without consent.
Heartland denies the allegations in the Lawsuit and denies any violation of the law. Heartland maintains, among other things, that: the collected data does not fall within BIPA; there never was any data breach; and there never was any risk of a data breach.
Both sides agreed to the settlement to resolve the Lawsuit. The Court did not decide whether Heartland violated the law.
Who received a settlement payment from the settlement?
Eligible class members who timely returned valid claim forms were sent settlement payments.
If you chose to receive your settlement payment by check, please cash your check by May 12, 2022 or it will be void.
If your address changed recently, please contact the Settlement Administrator.
How do I get a settlement payment?
To receive a settlement payment, you must be a Settlement Class Member and have completed and submitted a timely and valid Claim Form.
It is too late to submit a Claim Form now.
How will I receive my settlement payment?
Eligible class members could select electronic payment or payment by check. If no payment election was made, eligible class members were sent checks in the mail to the address provided in their claim form.
I need my check reissued. What should I do?
To request a check reissue, write to the Settlement Administrator.
Is it too late to receive a settlement payment if I did not timely submit a claim form?
Yes, it is too late. If you did not timely complete and return a claim form by October 4, 2021, you are not eligible to receive a settlement payment. No exceptions can be made.
How Can I Get More Information?
If you have any questions or for more information, contact the Settlement Administrator or Settlement Class Counsel at:
Settlement Administrator
Davis v. Heartland Employment Services
c/o Analytics Consulting LLC
P.O. Box 2006
Chanhassen, MN 55317-2006
Toll-free: (866) 584-2404
Email: info@HeartlandFingerScanSettlement.com
Settlement Class Counsel
Douglas M. Werman
Zachary C. Flowerree
Werman Salas P.C.
77 West Washington Street, Suite 1402
Chicago, IL 60602
(312) 419-1008
HeartlandSettlement@flsalaw.com
David Fish
Mara Baltabols
The Fish Law Firm, P.C.
200 East Fifth Ave., Suite 123
Naperville, IL 60563
(630) 355-7590
admin@fishlawfirm.com