McDonald’s Illinois Employee Biometric Privacy $50M Class Action Settlement

McDonald’s has agreed to a $50 million class action settlement benefiting its Illinois employees who used their biometric information to log in or use the restaurants’ systems.

The Class is made up of all individuals employed by any McDonald’s Defendant who logged onto, interfaced with, or used any software, systems, or devices that person’s finger, hand, face, retina, or any type of biometric identifier in any McDonald’s or McDonald’s franchise restaurants in Illinois. This includes any McDonald’s Defendant employee who has a claim under Illinois’ Biometric Privacy Information Act at any time through the date the Court preliminarily approved the settlement (Nov. 29, 2021.)

Plaintiffs in the class action lawsuit alleged defendants McDonald’s Corp., McDonald’s USA LLC, McDonald’s Restaurants of Illinois Inc., and McDonald’s franchisees that operate McDonald’s-branded restaurants in Illinois violated BIPA by requiring that certain employees submit their biometric information without first providing the required disclosures or obtaining the proper consent. 

The defendants deny any wrongdoing but have agreed to resolve the claims with a settlement.

Under the terms of the McDonald’s Illinois biometric privacy settlement agreement, the defendants will create a $50 million settlement fund to benefit Class Members.

Of that fund, $5 million will  be held in two reserves to be triggered only if a certain percentage of the Class submits claim forms.

Any Class Member who submits a timely and valid claim form will receive a payment of up to $375 if their employment began on or before Dec. 31, 2018. If their employment began on or after Jan. 1, 2019, their maximum possible payment will be $190.

Actual amounts may be less than the maximum amount allowed, depending on the number of claims submitted.

Claimants’ employment dates will be determined based on work records provided by the defendants and other released parties.

A final approval hearing in the McDonald’s Illinois biometric privacy settlement will take place Feb. 25, 2022.

The deadline to opt out of or object to the settlement is Feb. 9, 2022.

The deadline to submit a claim is also Feb. 9, 2022.

Who’s Eligible

The Class is made up of all individuals employed by any McDonald’s Defendant who logged onto, interfaced with, or used any software, systems, or devices that person’s finger, hand, face, retina, or any type of biometric identifier in any McDonald’s or McDonald’s franchise restaurants in Illinois. This includes any McDonald’s Defendant employee who has a claim under Illinois’ Biometric Privacy Information Act at any time through the date the Court preliminarily approved the settlement (Nov. 29, 2021.)

Potential Award

Up to $375

Proof of Purchase

No proof of purchase applicable

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

02/09/2022

Case Name

Lark, et al. v. McDonald’s USA LLC, et al., Case No. 17‑L‑559, and Arthur, et al., v. McDonald’s USA LLC, et al., Case No. 20‑L‑0891, both in Circuit Court, St. Clair County, Illinois

Final Hearing

02/25/2022

Settlement Website

ArthurLarkBIPASettlement.com

Claims Administrator

Arthur Lark BIPA Settlement Administrator
P.O. Box 4640
Portland, OR 97208-4640
855-675-3142

Class Counsel

John J. Driscoll
THE DRISCOLL FIRM LLC

Defense Counsel

Michael J. Gray
Efrat R. Schulman
JONES DAY

Natalie J. Kussart
Phillip C. Graham
SANDBERG PHOENIX & VON GONTARD PC

Jamie L. Filipovic
O’HAGAN MEYER LLC

Sean C. Herring
Jody Mason Kahn
JACKSON LEWIS PC

Steve A. Miller
James M. Hux
FISHER PHILLIPS LLP