$4.1M ESO Solutions Settlement Resolves Class Action Lawsuit Over Alleged Illinois BIPA Privacy Violations

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ESO Solutions has agreed to pay a more than $4.1 million settlement to resolve a proposed class action lawsuit that alleged the software provider unlawfully collected, stored and used Illinois residents’ fingerprint scans through its ePro BioClock timekeeping devices without consent or providing requisite data retention and destruction policies.

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The official website for the ESO Solutions class action settlement can be found at ESOBIPASettlement.com.

The settlement, which was preliminarily approved by the court on September 10, 2024, covers a class of 6,414 people who scanned their finger in connection with the use of an ePro BioClock in Illinois and whose biometric data was hosted on a server owned or leased by ESO Solutions between January 24, 2017 and September 10 of this year.

Per the settlement website, the deal excludes those who may have used an ePro BioClock in Illinois but whose data was not hosted on an ESO server.

Class members do not have to do anything to receive a pro-rated share of the $4,101,300 settlement fund, the website says. Per the site, individual ESO settlement cash payout amounts—estimated to be approximately $401 per person—will depend on the total number of class members and associated attorneys’ fees, costs, service awards and administration fees.

If you wish to receive a cash payout via electronic deposit, you can update your payment preferences on the website’s payment election form. You will need to provide your unique Claim ID and PIN, which can be found on the settlement notice you should have received by mail or email.

The parties now await a hearing set for January 14, 2025 in Chicago, at which the court will decide whether to grant final approval to the terms of the ESO Solutions deal. Eligible class members will be issued settlement payouts only if the deal is ultimately approved and after any appeals are resolved, the site relays.

The lawsuit against ESO Solutions claimed the company violated the Illinois Biometric Information Privacy Act (BIPA), which requires entities to obtain informed written consent before capturing, storing and using a person’s biometric data. In addition, the class action suit alleged the software provider breached the BIPA by failing to publish publicly available guidelines for retaining and permanently deleting the information it collected.

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