in Newswire Published on January 21, 2019

White Castle Hit with Class Action Over Alleged Violations of Illinois Biometric Privacy Law [UPDATE]

Last Updated on May 17, 2024

Cothron v. White Castle System, Inc. et al.

Filed: January 18, 2019 ◆§ 1:19-cv-00382

White Castle and Cross Match Technologies face a proposed class action in IL over the collection, storage and dissemination of employee fingerprints.

Defendant(s)

Cross Match Technologies, Inc. White Castle System, Inc. White Castle

Law(s)

Illinois Biometric Information Privacy Act

State(s)

Illinois

May 17, 2024 – $9.4M White Castle BIPA Settlement Receives Preliminary Approval

On April 25, 2024, U.S. District Judge John J. Tharp, Jr. granted preliminary approval to a nearly $9.4 million settlement ending the White Castle biometric data class action lawsuit detailed on this page.

Don’t miss out on settlement news like this. Sign up for ClassAction.org’s free weekly newsletter here.

The deal—worth at least $9,394,440—covers anyone who worked for White Castle in Illinois and used a fingerprint scanning device in the course of their employment without first executing the company’s biometric information privacy team member consent form from December 6, 2013 to October 15, 2018.

According to the plaintiffs’ unopposed motion for preliminary settlement approval, it’s estimated that the White Castle class action settlement covers 9,705 individuals. Class members do not need to take any action and will automatically receive a cash payment of about $968.

“If at any time before final approval it is determined that the class size exceeds 9,705 individuals, the settlement fund shall equal $968.00 per class member,” the motion says. “By way of example, if the class size is later determined to be 9,750 individuals, then the settlement fund will be $9,438,000.00.”

A final approval hearing is scheduled for August 1, 2024. It is typically after a settlement receives final approval, and any appeals or objections are addressed, that class members begin to receive compensation.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.

A proposed class action filed in early December 2018 and removed to Illinois federal court alleges White Castle and its employee database provider, Cross Match Technologies, overstepped state biometric privacy law.

According to the lawsuit, the defendants violated the Illinois Biometric Information Privacy Act (BIPA) by scanning and storing employees’ fingerprints for payroll purposes without informing workers in writing of the purpose and length of time their fingerprints would be collected, stored, and disseminated. Further, the defendants, the case says, failed to provide employees with both a publicly available retention schedule outlining the specifics of the permanent destruction of their biometric data and a written release.

The case argues that the defendants’ alleged BIPA violations put White Castle employees at an increased risk of identity theft.

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