Heartland Employment Services Finger Scan $5.4M Class Action Settlement

Heartland Employment Services has agreed to a $5.4 million settlement resolving claims its finger scan requirements violate the Illinois Biometric Information Privacy Act (BIPA).

The Class is made up of all current and former Heartland Employment Services employees in Illinois, including those who worked at HCR ManorCare, Arden Courts, and Heartland Healthcare locations, who used a fingertip scanner to clock in and out between Dec. 18, 2013, and April 23, 2019.

Those who are subject to individual arbitration agreements and did not opt out of those agreements are excluded from the settlement.

A class action lawsuit had alleged Heartland Employment Services violated BIPA by collecting employees’ fingerprints and information without following the appropriate informed consent procedures, by not maintaining a publicly available biometric data retention schedule and destruction policy, and by disclosing this information to the company’s timekeeping vendor without employees’ consent.

The job placement services company denies all allegations of wrongdoing, but has agreed to the settlement. The Court has not ruled in favor of either party.

Each Class Member who submits a valid claim form will receive a payment, the amount of which will depend on the number of valid claims filed.

If half the estimated 10,836 eligible Class Members file a claim, for example, the parties estimate each claimant’s payout to be approximately $640.

A final approval hearing in the Heartland finger scan settlement is scheduled to take place Oct. 25, 2021.

The deadline to opt out of or object to the settlement is Oct. 4, 2021.

The deadline to file a claim is also Oct. 4, 2021.

Who’s Eligible

Current and former Heartland Employment Services employees in Illinois, including those who worked at HCR ManorCare, Arden Courts, and Heartland Healthcare locations, who used a fingertip scanner to clock in and out between Dec. 18, 2013, and April 23, 2019.

Those who are subject to individual arbitration agreements and did not opt out of those agreements are excluded from the settlement.

Potential Award

Varies.

• Each Class Member who submits a valid claim form will receive a payment, the amount of which will depend on the number of valid claims filed.
• For example, if half the estimated 10,836 eligible Class Members file a claim, the parties estimate each claimant’s payout to be approximately $640.

Proof of Purchase

No proof of purchase is necessary.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/04/2021

Case Name

Davis, et al. v. Heartland Employment Services LLC, Case No. 1:19-cv-00680 in the U.S. District Court for the Northern District of Illinois

Final Hearing

10/25/2021

Settlement Website

HeartlandFingerScanSettlement.com 

Claims Administrator

Davis v. Heartland Employment Services
c/o Analytics Consulting LLC
P.O. Box 2006
Chanhassen, MN 55317-2006
info@HeartlandFingerScanSettlement.com
866-584-2404

Class Counsel

WERMAN SALAS PC

THE FISH LAW FIRM PC

Defense Counsel

LITTLER MENDELSON PC