JESSI GUMM v. VONACHEN SERVICES INC. Settlement

Case No. 2021 CH 05166 Consolidated with 2019 CH 12773 in the Circuit Court of Cook County, IL - Chancery Division

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If you worked at one of Defendant Vonachen Services Inc.’s (“VSI”) facilities between November 1, 2014, and January 18, 2024, and used an alleged biometric timekeeping system for timekeeping purposes, you may be entitled to benefits under a class action lawsuit.

A court authorized this Notice. This is not a solicitation from a lawyer.

  • A proposed settlement will provide $1,835,000.00 (the “Settlement Funds”) to fully settle and release claims of the following individuals:

The 1,360 individuals identified who worked at one of Defendant’s facilities in Illinois, whose biometric identifiers or information were allegedly captured, obtained, used, or disclosed by Defendant in violation of BIPA as alleged in this action between November 1, 2014, and January 18, 2024.

The following are excluded from the Settlement Class: (1) the judge presiding over this case; (2) the judges of the Illinois Appellate Court; (3) the immediate families of the preceding person(s); (4) any Released Party; and (5) any Settlement Class Member who timely opts out of this Action.

  • VSI denies Plaintiffs’ allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiffs’ claims or VSI’s defenses. By entering into the settlement, VSI has not conceded the truth or validity of any of the claims against it.
  • The Settlement Funds shall be used to pay amounts related to the settlement, including awards to Settlement Class, attorneys’ fees and costs to attorneys representing Plaintiffs and the Settlement Class (“Class Counsel”), any service award for Plaintiffs and the costs of notice and administration of the settlement.  Class Counsel estimate that Settlement Class members will receive $780 (“Initial Settlement Award Checks”). Any monies remaining in the Settlement Fund after the Initial Settlement Award Checks are distributed and the expiration date has passed will be distributed on a pro rata basis to those Settlement Class Members who cashed their Initial Settlement Award Checks (the “Subsequent Distribution”), so long as the amount to be distributed is at least $5.00 per class member. The Subsequent Distribution shall be made within thirty (30) days after the expiration date of the Initial Settlement Award Checks.  If there is not enough money to pay at least $5.00 to each Settlement Class Member who cashed their initial Settlement Award check or accepted their initial Settlement Award deposit, or if any checks or deposits from the subsequent distribution remain uncashed after the stale date, those funds shall be distributed to the following cy pres: Chicago Bar Foundation, subject to court approval.   
  • Your rights and options, and the deadlines to exercise them, are explained in this Notice. Your legal rights are affected whether you act or do not act. Read this Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

EXCLUDE YOURSELF OR “OPT-OUT” OF THE SETTLEMENT

If you ask to be excluded, you will not receive a payment.  This is the only option that allows you to pursue your own claims against VSI or other released parties related to a released claim. The deadline for excluding yourself is July 8, 2024.

OBJECT TO THE SETTLEMENT

If you wish to object to the settlement, you must write to the Court about why you believe the settlement is unfair in any respect. The deadline for objecting is July 8, 2024.

DO NOTHING

If you do nothing, you will still receive a payment from settlement and give up your rights to sue VSI or any other released parties related to a released claim.

GO TO THE FINAL APPROVAL HEARING

You may attend the Final Approval Hearing. At the Final Approval Hearing you may ask to speak in Court about the fairness of the settlement. To speak at the Final Approval Hearing, you must file a document which includes your name, address, telephone number and your signature with the Court, which must also state your intention to appear at the Final Approval Hearing. This must be filed no later than July 8, 2024.

 

  • These rights and options—and the deadlines to exercise them—are explained in this Notice.
  • The Court in charge of this case still has to decide whether to approve the settlement.  Payments (i.e. Settlement Award Checks) will be disbursed if the Court approves the settlement and after any appeals are resolved. Please be patient.

DO NOT CALL OR WRITE TO THE COURT, THE CLERK OF THE COURT, VSI, OR VSI’S COUNSEL ABOUT THE SETTLEMENT.