Wendy’s BIPA $18.2M class action lawsuit settlement

Wendy’s agreed to a $18.2 million class action lawsuit settlement to resolve claims that it collected worker fingerprint biometrics without following Illinois privacy regulations. 

The settlement benefits current and former Wendy’s employees who worked at a corporate-operated restaurant in Illinois and scanned their fingerprint in a finger scanner between Sept. 11, 2013, and Nov. 29, 2023.

Plaintiffs in the class action lawsuit claim that Wendy’s failed to follow the Illinois Biometric Information Privacy Act (BIPA) when collecting and storing employee fingerprints from point-of-sale systems. BIPA requires businesses to follow strict rules when collecting, storing and using employee biometrics.

Wendy’s is a national fast-food chain with locations around the country, including many in Illinois.

Wendy’s hasn’t admitted any wrongdoing but agreed to a $18.2 million settlement to resolve the employee fingerprint class action lawsuit.

Under the terms of the settlement, class members can receive a payment of around $575. Actual payments may be higher or lower depending on the number of participating class members. 

Class member payments will be considered non-wage income and will be reported on an IRS Form 1099 if required by law, according to the settlement website. 

Some class members will need to log into the settlement administrator’s website using their class member ID and submit a Form W-9 to avoid backup tax withholding of their settlement payment. The deadline to submit a Form W-9 is May 12, 2024.

The deadline for exclusion and objection is March 13, 2024.

The final approval hearing for the settlement is scheduled for April 12, 2024.

No claim form is required to benefit from the settlement. Class members who do not exclude themselves will automatically receive a settlement payment. Although no action is required, affected workers can update their contact information and elect to receive their payment electronically through forms on the settlement website.

Who’s Eligible

Current and former Wendy’s employees who worked at a corporate-operated restaurant in Illinois and scanned their fingerprint in a finger scanner between Sept. 11, 2013, and Nov. 29, 2023

Potential Award

$575

Proof of Purchase

N/A

W-9 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.

Opt Out Deadline

03/13/2024

Case Name

Owens, et al. v. Wendy’s International LLC, Case No. 2018-CH-11423, in the Circuit Court of Cook County, Illinois

Final Hearing

04/12/2024

Settlement Website

WenBIPASettlement.com

Claims Administrator

Owens, et al. v. Wendys International LLC
Settlement Administrator
PO Box 25415
Santa Ana, CA 92799-9811
info@WENBIPASettlement.com
866-610-9104

Class Counsel

Jay Edelson
Eli Wade-Scott
Schuyler Ufkes
EDELSON PC 

David Fish 
Mara Baltabols 
FISH POTTER BOLAÑOS PC

Defense Counsel

Anne E Larson
OGLETREE DEAKINS NASH SMOAK & STEWART PC