Ataraxia, Verano Holdings Biometric Privacy $496K Class Action Settlement

Cannabis firms Ataraxia LLC and Verano Holdings LLC have agreed to a $496,300 class action settlement resolving claims the companies’ fingerprint time-clock system violated Illinois privacy law.

The Class is made up of all individuals who worked or are working for the defendants in Illinois and had their biometric identifiers and/or biometric information collected, captured, received, or otherwise obtained or disclosed by HHS or its agent(s) between Nov. 12, 2015, and June 2, 2021.

Plaintiffs in a class action lawsuit had alleged the defendants violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and capturing their employees’ biometric data through fingerprint time-clock systems.

BIPA requires employers to meet a variety of requirements regarding the collection of biometric data, including getting prior written consent before collecting a person’s finger scan or other biometric data, and having a data retention policy and destruction schedule available.

Verano Holdings consolidated its U.S. cannabis assets — including Ataraxia — in 2018. Verano operates more than 80 retail locations, with plans to expand that number to more than 90 by the end of the year.

The defendants have denied all allegations of wrongdoing, and the Court has not ruled in favor of either party.

If the Court grants final approval, Class Members will be eligible for pro rata payments after attorneys’ fees and other expenses are deducted from the settlement fund.

Class Members are each expected to receive an estimated payment of $372.75.

The defendants also have indicated they are now obtaining releases from employees and are adopting a retention policy, both of which are BIPA-compliant practices.

A final hearing in the Ataraxia BIPA settlement is scheduled for Sept. 14, 2021.

The deadline to opt out of or object to the settlement is Aug. 6, 2021.

No claim form is required in order to participate.

Who’s Eligible

The Class is made up of all individuals who worked or are working for the defendants in Illinois and had their biometric identifiers and/or biometric information collected, captured, received, or otherwise obtained or disclosed by HHS or its agent(s) between Nov. 12, 2015, and June 2, 2021.

Potential Award

$372.75

Proof of Purchase

No proof of purchase necessary

Claim Form

No Claim Form Required

Opt Out Deadline

08/06/2021

Case Name

Angela Landreth v. Verano Holdings LLC, et al., Case No. 2020-CH-006633 in the Circuit Court of Cook County, Illinois, Chancery Division

Final Hearing

09/14/2021

Settlement Website

AtaraxiaBIPASettlement.com

Claims Administrator

Landreth v. Verano Holdings LLC, et al.
c/o Analytics Consulting LLC, Settlement Administrator
P.O. Box 2002
Chanhassen, MN 55317-2002
info@AtaraxiaBIPASettlement.com

Class Counsel

Philip L. Fraietta
BURSOR & FISHER PA

Defense Counsel

Michael R. Phillips
MCGUIRE WOODS LLP