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A $1.5 million settlement has been reached in a class action lawsuit against L.A. Tan Enterprises Inc. alleging the franchise company violates an Illinois law called the Biometric Information Privacy Act (BIPA) by collecting Illinois customers’ fingerprints without obtaining their informed written consent.
BIPA regulates the ways in which a person’s biometric identifiers such as fingerprints are collected, stored and used.
Under the act, individuals must be informed in writing ahead of time and give their written permission before any biometric identifiers can be obtained by a private entity. The length of time the identifiers will be used also must be disclosed.
On Apr. 8, 2016, plaintiff Klaudia Sekura filed a complaint in Cook County Circuit Court against L.A. Tan Enterprises which claimed that storing fingerprint data violates BIPA because the company discloses fingerprint data to an out-of-state, third-party vendor.
L.A. Tan’s national membership database uses fingerprint scans to identify its customers and allow them to use their memberships at any franchise location, to make it convenient for customers to check in when they return.
Under the terms of the L.A. Tan fingerprint access class action settlement, L.A. Tan has agreed to create a $1.5 million settlement fund, from which Class Members who submit valid claims will receive cash payments after certain administrative expenses and legal fees are paid.
The Court decided that this settlement includes a Class of approximately 37,000 “Persons whose fingerprints were scanned at an Illinois L.A. Tan salon between November 13, 2013 and August 11, 2016.”
Additionally, as part of the settlement, L.A. Tan has agreed that it will comply with the BIPA in the future and will take steps to ensure that L.A. Tan franchise salons also comply with the BIPA.
L.A. Tan denies any wrongdoing and maintains that it has not violated any laws. The settlement does not establish who is correct, but rather is a compromise to end the lawsuit and avoid the uncertainties and expenses associated with ongoing litigation.
Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Nov. 11, 2016.
Who’s Eligible
The settlement includes a Class of all persons whose fingerprints were scanned at an Illinois L.A. Tan salon between Nov. 13, 2013 and Aug. 11, 2016.
Potential Award
VARIES.
The $1.5 million settlement pool will be divided pro rata among all qualified Class Members after payment of attorneys’ fees, settlement administration expenses, and incentive fee awards.
If the number of valid claims is low, then the amount of individual payments will go up. But if the number of valid claims is high, then the amount of individual payments will go down.
Proof of Purchase
Eligible Class Members will be required to provide the Claim ID number printed on their postcard or email notice, and confirmation you provided your fingerprint to access one or more L.A. Tan franchise salons in Illinois between Nov. 13, 2013 and Aug. 11, 2016.
Claim Form Deadline
12/09/2016
Case Name
Sekura v. L.A. Tan Enterprises Inc., Case No. 2015 CH 16694, in the Circuit Court of Cook County, Illinois, County Department, Chancery Division
Final Hearing
12/01/2016
UPDATE: On February 22, 2017, Top Class Actions viewers who filed timely and valid claims for the L.A. Tan Fingerprint Access class action settlement began receiving checks worth as much as $168.87!
Settlement Website
Claims Administrator
Sekura v. L.A. Tan Enterprises Inc.
c/o Heffler Claims Group
PO Box 58429
Philadelphia, PA 19102-8429
844-412-1944
Class Counsel
Jay Edelson
EDELSON PC
Defense Counsel
Paul Karlsgodt
BAKER & HOSTETLER LLP
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11 thoughts onL.A. Tan Salon Fingerprint Access Class Action Settlement
UPDATE: On February 22, 2017, Top Class Actions viewers who filed timely and valid claims for the L.A. Tan Fingerprint Access class action settlement began receiving checks worth as much as $168.87!
has anyone else recvd a check,other than two people,i haven’t recvd mine yet.so I guess i’m not eligible.
Received a check for $168.87
Same here thanks..$168.77 in Illinois.
Any info about when checks will be sent?
Palm Beach Tanning was doing this too and just recently switched to a key pad code system
How can I get my claim I’d number again. I lost the postcard. Can you provide it to me in an email?
What about at a different tanning salon in Michigan???
What if this happened to us at an LA tan in Florida, for over a month?
This particular lawsuit included Illinois consumers only. You can inquire with class counsel on whether or not consumers in additional states would have a case. Class counsel is listed in the article, and can be Googled for contact information.
I had no idea that was illegal. Then how come Walt Disney World took electronic fingerprints for everyone in my party in 2011 at the turnstiles at the park upon checking in to “make sure no one but the ticket holder re-enters the park should you want to leave and return later in the day?” We did not know about this til it was too late to consider balking at this and were frankly confused by it all. IS THIS ALSO ILLEGAL?? WDW must hold gazillions of fingerprints in a database somewhere and can do who knows what with it.