FAQ 1 - WHAT IS THIS LAWSUIT ABOUT?
FAQ 2 - WHY IS THIS A CLASS ACTION?
FAQ 3 - WHY IS THERE A SETTLEMENT?
FAQ 4 - WHO IS IN THE SETTLEMENT CLASS?
FAQ 5 - WHAT DOES THE SETTLEMENT PROVIDE?
FAQ 6 - HOW DO I GET A PAYMENT?
FAQ 7 - WHAT RIGHTS AM I GIVING UP IN THIS SETTLEMENT?
FAQ 8 - WHEN WILL I BE PAID?
FAQ 9 - DO I HAVE A LAWYER?
FAQ 10 - SHOULD I GET MY OWN LAWYER?
FAQ 11 - HOW WILL THE LAWYERS BE PAID?
FAQ 12 - WHAT ARE MY OPTIONS?
FAQ 13 - WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
FAQ 14 - DO I HAVE TO COME TO THE HEARING?
FAQ 15 - MAY I SPEAK AT THE HEARING?
FAQ 16 - WHO REPRESENTS THE CLASS?
FAQ 17 - WHERE CAN I GET ADDITIONAL INFORMATION?
The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information of another individual for any purpose, without first providing such individual with written notice and obtaining a written release. BIPA also requires that private companies in possession of biometric identifiers and/or information must develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiers and/or information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 3 years of the individual’s last interaction with the private company, whichever occurs first. This lawsuit alleges that Defendant violated BIPA by allegedly collecting individuals’ biometric data through their use of fingerprint scanners to clock-in and/or clock-out, and/or to log in to Point-of-Sale systems, in the State of Illinois, without first providing written notice or obtaining a written release, and by possessing the individuals’ biometric data without developing a publicly available written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and information within the timeframes required by BIPA, described more fully above. Defendant contests these claims and denies that it violated BIPA. More information about the complaint in the lawsuit and the Defendant’s position can be found in the Documents section of this website.
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A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
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To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all claims in the case against Defendant and its affiliated entities and individuals. The Settlement requires Defendant to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and incentive awards to the Class Representative, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law.
The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court has preliminarily certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. If the court does not enter a Final Approval Order approving the Settlement, or if the Settlement Agreement is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.
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You are a member of the Settlement Class if, at any time between August 22, 2017 and January 23, 2024, you: (1) were employed by Defendant; and (2) used a fingerprint scanner to clock-in and/or clock-out, and/or to log in to a Point-of-Sale system, at any of Defendant’s Dairy Queen restaurants located in Greenup, Illinois; Newton, Illinois; or Olney, Illinois. If you scanned your finger to clock-in and/or clock-out, and/or to log in to a Point-of-Sale system, when working for Defendant in the State of Illinois during that time-period, you may be a class member and may submit a Claim Form for a cash payment.
Excluded from the Settlement Class are: (1) any Judge or Magistrate presiding over this action and members of their families; (2) the Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest; (3) person who properly execute and file a timely request for exclusion from the Settlement Class; and (4) the legal representatives, successors or assigns of any such excluded persons.
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Cash Payments. If you’re eligible, you can file a claim to receive a cash payment. The amount of such payment is estimated to be approximately $580.00, but is unknown at this time and could be more or less depending on the number of valid Claim Forms submitted. This is an equal share of a $397,100.00 fund that Defendant has agreed to create, after the payment of settlement expenses, attorneys’ fees, and any incentive awards for the named plaintiff in the litigation approved by the Court.
Prospective Relief. Pursuant to this Settlement, without admitting liability, Defendant represents it currently does not utilize biometric devices at its restaurants located in Greenup, Illinois; Newton, Illinois; or Olney, Illinois, and if the time comes that it will utilize biometric devices at any of these restaurants, that it will comply with BIPA, including all notice and consent provisions. Defendant further represents that if it resumes the use of biometric devices at any of the above-mentioned restaurants, Defendant will: (1) develop a publicly available written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information within the timelines set forth in 740 ILCS 14/15(a); and (2) provide written notice and obtain written releases in the manner set forth by 740 ILCS 14/15(b). If not already done, Defendant has also agreed, within 60 days of Final Approval of this Settlement, to request that the vendor providing finger-scan technology or Point-of-Sale systems to Defendant’s Illinois restaurants delete all finger-scan data for Defendant’s active and former employees of its restaurants located in Illinois.
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If you are a Settlement Class member and you want to get settlement benefits, you must complete and submit a valid Claim Form by July 30, 2024. An online Claim Form is available on this website and can be filled out and submitted online. You can also get a paper Claim Form by calling (855) 356-4069. We encourage you to submit a claim online. It’s faster, and it’s free.
The Claim Form requires you to provide the following information: (i) full name; (ii) current U.S. Mail address; (iii) current contact telephone number and e-mail address; and (iv) a sworn statement under penalty of perjury that between August 22, 2017 and January 23, 2024, you were employed by Defendant and you used a fingerprint scanner to clock- in and/or clock-out, and/or to log in to a Point-of-Sale system, at any of Defendant’s restaurants located in Greenup, Illinois; Newton, Illinois; or Olney, Illinois.
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Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Defendant or certain related entities and individuals related to its alleged collection and possession of the biometric data of individuals currently or previously employed by Defendant who have scanned their finger to clock-in and/or clock-out, and/or to log in to Point-of-Sale systems, at any of Defendant’s Dairy Queen restaurants located in Illinois between August 22, 2017 and January 23, 2024. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, which is available on the Settlement Website. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claims Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.
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The hearing to consider the fairness of the Settlement is scheduled for September 24, 2024. If the Court approves the Settlement, Settlement Class members whose claims were approved by the Settlement Administrator will be sent a check. Please be patient. All checks will expire and become void 90 days after they are issued. Uncashed checks revert back to the Defendant as approved by the Court.
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Yes, the Court has appointed lawyer Jordan Richards of Jordan Richards PLLC d/b/a USA Employment Lawyers to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiffs, Brandy Bird and Jacob Rigdon, to serve as the Class Representatives. They are each a Class Member like you. Class Counsel can be reached by phone or e-mail using the contact information set forth in the “Who Represents the Class” section below.
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You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer, but if you want your own lawyer, you will have to pay that lawyer.
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Class Counsel will ask the Court for attorneys’ fees and expenses of up to 35% of the Settlement Fund, and will also request incentive awards of $10,000.00 for each Class Representative from the Settlement Fund. The Court will determine the proper amount of attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representative. The Court may award less than the amounts requested.
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1) Accept the Settlement.
To accept the Settlement, you must submit a Claims Form by July 30, 2024. You may obtain a copy of the Claim Form here and you may submit your Claim Form online here, or by U.S. Mail to the Settlement Administrator at Bird, et. al. v. Kenkris, Inc. c/o Settlement Administrator, P.O. Box 25226 Santa Ana, CA 92799. If the Settlement is approved and your claim is deemed valid, a check will be mailed to you. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement, and is the only thing you need to do to receive a payment.
2) Exclude yourself.
You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released parties at your own risk and expense. All exclusion requests must: (a) be in writing; (b) identify the case name Bird, et. al. v. Kenkris, Inc., Case No. 2022-LA-7 (Cir. Ct. Jasper Cnty.); (c) state the full name and current address of the person in the Settlement Class seeking exclusion; (d) be signed by the person(s) seeking exclusion; and (e) be postmarked or received by the Settlement Administrator on or before July 30, 2024. Each request for exclusion must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in Bird, et. al. v. Kenkris, Inc., Case No. 2022-LA-7 (Cir. Ct. Jasper Cnty.).” You must mail or e-mail your exclusion request no later than July 30, 2024 to:
Bird, et. al. v. Kenkris, Inc.
c/o Settlement Administrator
P.O. Box 25226 Santa Ana, CA 92799
Email: info@KenkrisBIPASettlement.com
No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.
3) Object to the Settlement.
If you wish to object to the Settlement, you must file a letter or brief in writing with the Clerk of the Court of the Circuit Court of Jasper County, Illinois, . The objection must be received by the Court no later than July 30, 2024. You must also send a copy of your objection by e-mail to the attorneys for all Parties to the lawsuit, including Class Counsel (Jordan Richards of Jordan Richards PLLC, jordan@jordanrichardspllc.com), as well as Defendant’s counsel (Gregory Odom of Baker Sterchi Cowden & Rice, LLC, godom@bakersterchi.com), no later than July 30, 2024. Any objection to the proposed Settlement must include: (a) your full name and current address; (b) a statement why you believe you are a member of the Settlement Class; (c) the specific grounds for your objection; (d) all documents or writings that you wish the Court to consider; (e) the name and contact information of any attorneys representing, advising, or in any way assisting you with the preparation or submission of the objection; and (f) a statement indicating whether you intend to appear at the Final Approval Hearing. If you hire an attorney in connection with making an objection, that attorney must also file with the court a notice of appearance by the objection deadline of July 30, 2024. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.
Class Counsel will file with the Court and post on the settlement website its request for attorneys’ fees and incentive awards on July 16, 2024.
You may appear at the Final Approval Hearing, which will be held on September 24, 2024, at 11:00 a.m., Newton, Illinois , in Courtroom A, in person or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the entry of the Final Approval Order, the request for attorneys’ fees and expenses, and/or the request for incentive awards to the Class Representatives are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing.
4) Do Nothing.
If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against Defendant or other Released Parties regarding any of the Released Claims.Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.
To submit a Claim Form, or for information on how to request exclusion from the class or file an objection, please call (855) 356-4069.
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The Court will hold the Final Approval Hearing at 11:00 a.m. on September 24, 2024 before the Honorable Kevin Parker. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class; and whether it was made in good faith. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representatives.
Note: The date and time of the fairness hearing are subject to change by Court Order, and the hearing may be conducted remotely. Any changes will be posted at this website.
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No. Class Counsel will answer any questions the Court may have. You are, however, welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
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Yes. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection and intend to appear at the hearing, you must state your intention to do so in your objection.
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The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.
Jordan Richards
Jordan Richards PLLC d/b/a USA Employment Lawyers
1800 SE 10th Ave. Suite 205
Fort Lauderdale, Florida 33316
Tel: (954) 871-0050
jordan@jordanrichardspllc.com
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The Notice is only a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement which, along with other documents, can be obtained here. If you have any questions, you can also call the Settlement Administrator at (855) 356-4069 or Class Counsel at the number or e-mail address set forth above. In addition to the documents available on the case website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.
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PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.