847 Privacy Law – BIPA Class Settlement (2024)

In Chatman v. Euromarket Designs, Inc. d/b/a Crate & Barrel, Case No. 2018 CH 09277, on July 9, 2024, a Cook County, Illinois judge gave his final signoff to a $2.4 million deal ending litigation accusing Crate & Barrel of violating Illinois’ biometric privacy law by requiring employees at its stores to scan their fingerprints to track their time worked without first securing their written, informed permission.

The settlement resolved the class claim alleging that workers were required to provide their biometric identifiers and/or biometric information for timekeeping purposes without first providing them with legally-required written disclosures and obtaining written consent in accordance with the Illinois Biometric Information Privacy Act, 740 ILCS 14.1 et seq. (“BIPA”).  The Settlement Class is numerous and the Defendant’s records show that at least 1,792 individuals scanned or otherwise used their finger, hand, or palm or other biometric identifier or information to check in or out of the Defendants’ time-keeping system.

Class Counsel requested for 35% of the settlement funds in the amount of $847,000, out-of-pocket expenses up to $1,000, and an Incentive Award of $7,500 to the Class Representative Jennifer Chatman in recognition of the risks she undertook, claims she is releasing, and the time she expended on behalf of the Class.