JESSI GUMM v. VONACHEN SERVICES INC. Settlement

The purpose of this Notice is to inform you that a proposed Settlement has been reached in the putative class action lawsuits entitled Gumm and Rodriguez v. Vonachen Services Inc., Case No. 2019 CH 12773 and Gumm v. Vonachen Services Inc., Case No. 2021 CH 05166, both of which were filed in the Circuit Court of Cook County, Illinois Chancery Division.  Because your rights will be affected by this Settlement, it is extremely important that you read this Notice carefully. This Notice summarizes the settlement and your rights under it.

If you received an email or postcard describing this settlement, it is because VSI’s records indicate that you may be a member of the Settlement Class. The members of the Settlement Class include:

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.

Excluded from the Settlement Class are: (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.

In a class action, one or more people called Class Representatives (here, Plaintiffs Jessi Gumm and Annastasia Rodriguez) sue on behalf of people who allegedly have similar claims. This group is called a class and the persons included are called class members. One court resolves the issues for all of the class members, except for those who exclude themselves from the class.

Here, Plaintiffs claim VSI violated the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., by failing to: (1) obtain individuals’ informed written consent before collecting, capturing, or otherwise obtaining their biometric data in connection with VSI’s timekeeping system and access system; (2) implement and adhere to a written policy for permanently destroying the biometric data in its possession; and (3) obtain individuals’ informed consent before disclosing or redisclosing their biometric data to VSI’s timekeeping system vendor. VSI denies these allegations and any wrongdoing. The Court has conditionally certified a class action for settlement purposes only. The Honorable Joel Chupack is in charge of this action.

The Court did not decide in favor of Plaintiffs or VSI. Instead, the parties agreed to this settlement. This way, the parties avoid the risk and cost of a trial, and the Settlement Class members will receive compensation. Plaintiffs and Class Counsel think the settlement is best for all persons in the Settlement Class.

The Court has certified a class action for settlement purposes only. The Settlement Class is defined as:

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.

A “Settlement Class Member” is any person in the Settlement Class who is not validly excluded from the Settlement Class. If you are still not sure whether you are included, you can view the Settlement Agreement Important Court Documents, you may write to the Settlement Administrator at Vonachen Services Inc. BIPA Settlement, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241for more information.

The Court has appointed the law firm of Keogh Law, Ltd. as Class Counsel to represent you and the other persons in the Settlement Class. You will not be personally charged by these lawyers.

Class Counsel will ask the Court to approve payment of up to forty percent of the Settlement Fund, or $734,000 for attorneys’ fees, plus reasonable expenses. Class Counsel also will ask the Court to approve payment of $7,500 to each Plaintiff for their services as Class Representatives if permitted by law. The Court may award less than these amounts.

Settlement Fund. VSI will pay $1,835,000.00 into a fund (the “Settlement Funds”), which will cover:  (1) cash payments to Settlement Class Members; (2) an award of attorneys’ fees and expenses to Class Counsel in an amount equal to forty percent of the settlement fund, which equals $734,000, plus expenses, as approved by the Court; (3) service awards to the Plaintiffs, Jessi Gumm and Annstasia Rodriguez, in an amount not to exceed $7,500 each, if permitted by law and approved by the Court; and (4) the costs of notice and administration of the Settlement.

Cash Payments. All Settlement Class Members will receive a cash payment, so long as their last known address can be determined. Any money remaining in the Settlement Fund after paying all Settlement Award Checks to Settlement Class Members, attorneys’ fees and costs to Class Counsel, any service awards to Plaintiffs, and the costs of notice and administration of  the settlement will be distributed on a pro rata basis to those Settlement Class Members who cashed their Initial Settlement Award Check, so long as the amount to be distributed per Claimant is at least $5.00. Any subsequent distribution will be made within thirty (30) days after the expiration date of the Initial Settlement Award Check has passed.

Class Counsel estimates your share of the Settlement Fund will be $780. This is an estimate only. The final cash payment amount will depend on the costs of notice and administration, as well as the reasonable costs, attorney’s fees, and incentive award approved by the Court.

Unless you exclude yourself from the settlement, you will be part of the Settlement Class and will be bound by the release of claims in the settlement. This means that if the settlement is approved, you cannot rely on any Released Claim to sue, or continue to sue, VSI or other Released Parties, on your own or as part of any other lawsuit, as explained in the Settlement Agreement. It also means that all of the Court’s orders will apply to you and legally bind you. Unless you exclude yourself from the Settlement, you will agree to release VSI and all other Released Parties, as defined in the Settlement Agreement, from any and all claims for statutory damages that arise under BIPA.

In summary, the Release includes from any and all claims, whether known or unknown for statutory damages under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq., regarding the use, collection, capture, receipt, maintenance, storage, transmission, or disclosure of biometric identifiers or biometric information.

If you have any questions about the Release or what it means, you can speak to Class Counsel, listed under Question 6, for free; or, at your own expense, you may talk to your own lawyer. The Release does not apply to persons in the Settlement Class who timely exclude themselves.

There is nothing you need to do to obtain a payment from the Settlement. Your portion of the settlement funds will be sent to your last known address, along with a 1099 form.

The Court will hold a hearing on August 22, 2024, to decide whether to approve the Settlement.  If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who declines to exclude themselves will be informed of the progress of the settlement through information posted on the Settlement Website at www.VSIBIPAsettlement.com. Please be patient.

If you want to keep the right to sue, or continue to sue VSI or a Released Party, as defined in the Settlement Agreement, then you must take steps to get out of the Settlement Class. This is called excluding yourself from, or opting-out of, the Settlement Class.

A Settlement Class Member who wishes to exclude himself or herself from this Settlement, and from the Release pursuant to this Settlement, shall submit a written Opt-Out Request to the Settlement Administrator at the address designated in the Notice no later than the Opt-Out/Objection Deadline. Opt-Out Requests must: (i) be timely submitted by the Opt-Out/Objection Deadline; (ii) be signed by the person in the Settlement Class who is requesting to be excluded from the Settlement Class; (iii) include the name and address of the person in the Settlement Class requesting exclusion; and (iv) include a statement or words to the effect of the following: “I request to be excluded from the Vonachen Services Inc. BIPA Settlement, and understand that by doing so I will not be entitled to receive any of the benefits from the settlement.” No person in the Settlement Class, or any person acting on behalf of or in concert or participation with that person in the Settlement Class, may exclude any other person in the Settlement Class from the Settlement Class.

To be valid, you must mail your exclusion request postmarked no later than July 8, 2024, to the Settlement Administrator at Vonachen Services Inc. BIPA Settlement, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241.

No. If you do not exclude yourself, you give up any right to sue (or continue to sue) VSI or any Released Parties for the claims that this settlement resolves.

No. If you exclude yourself, you will not receive a settlement payment and you cannot object to the settlement.

If you are in the Settlement Class, you can object to the settlement or any part of the settlement that you think the Court should reject, and the Court will consider your views. If you do not provide a written objection in the manner described below, you shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the settlement, or the award of any attorneys’ fees and expenses, and/or any proposed service award.

To object, you must make your objection in writing, stating that you object to the Settlement. To be considered by the Court, the written objection must personally sign the objection and provide the following information with it: (i) full name, current address, and current telephone number; (ii) documentation sufficient to establish membership in the Settlement Class; (iii) a statement of reasons for the objection, including the factual and legal grounds for the objector’s position; and (iv) copies of any other documents the objecting Settlement Class Member wishes to submit in support of his/her/its position.

To be considered, you must file your objections with the Court and mail your objections to the addresses below no later than July 8, 2024.

Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself means that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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. For information relating to what rights you are giving up, see Question 10.

The Court will hold a Final Approval Hearing at 9:30 a.m. on August 22, 2024, in Courtroom 2601 at the Richard J. Daley Center, 50 W. Washington Street, Chicago, Illinois, 60602. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are valid objections that comply with the requirements in Question 16 above, the Court also will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and Plaintiffs.

The Final Approval Hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Key Dates for updates.

No. Class Counsel will appear on behalf of the Settlement Class. But you are welcome to come, or have your own lawyer appear, at your own expense.

You may ask the Court for permission to speak at the Final Approval Hearing, but only in connection with an objection that you have timely submitted to the Court according to the procedure set forth in Question 16 above. To speak at the Final Approval Hearing, you must also file a document with the Court stating your intention to appear. For this document to be considered, it must include your name, address, telephone number and your signature. The document must be filed with the Court no later than July 8, 2024. You cannot speak at the hearing if you exclude yourself from the settlement.

This notice is only a summary of the proposed settlement. You can get a copy of the settlement agreement by visiting the Important Court Documents, or you can write to Vonachen Services Inc. BIPA Settlement, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241.

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