Top Class Actions  |  August 16, 2022

Category: Closed Class Actions

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Now Open sign of McAlister's Deli. Restaurant and Sandwich Shop and famous sweet tea.
(Photo Credit: Blueee77/Shutterstock)

McAlister’s Deli in Orland Park, Illinois, agreed to pay $90,000 to resolve claims that it violated the Illinois Biometric Information Privacy Act, or BIPA, by requiring employees to clock in using their fingerprints.

The settlement benefits current and former McAlister’s Deli Orland Park employees in Illinois who used a fingerprint scan time clock to clock in and out of work between Dec. 3, 2015, and June 27, 2022. This does not include Orland Park employees who previously released their BIPA claims as part of another settlement. There are 165 people that fall under this definition.

Orland Park Deli, doing business as McAlister’s of Orland Park, is a restaurant that sells sandwiches, salads, sweet tea and more. Although McAlister’s Deli originated in Mississippi, the franchise now has locations across the country — including one in Orland Park, Illinois.

Employees of the McAlister’s Deli in Orland Park allegedly had their private biometrics collected without giving the legally required consent or receiving important disclosures. According to a class action lawsuit, the deli’s employees had to use their fingerprints to clock in and out of work.

Because McAlister’s Deli didn’t get prior express written consent, plaintiffs in the case say their rights were violated under BIPA. BIPA required businesses to get consent before collecting, storing and using consumer biometrics such as fingerprints. The law also required businesses to provide clear disclosures about how those biometrics will be stored, used and destroyed. McAlister’s Deli allegedly fails to comply with either of these requirements.

McAlister’s Deli of Orland Park hasn’t admitted any wrongdoing but agreed to resolve these allegations with a $90,000 class action lawsuit.

Under the terms of the settlement, class members can receive a cash payment. The settlement will be equally distributed amongst all participating class members. Class counsel estimates each payment will be around $300, but actual payments may be higher or lower depending on the number of participating class members and the net settlement fund after costs and fees are deducted.

If any funds remain after initial payments are distributed, a second round of payments may be dispersed to class members who cashed their checks or received direct deposit payments. However, if these payments would be less than $5 per class member, the remaining funds will instead be donated to Legal Aid Chicago. No funds will revert to McAlister’s.

The deadline for exclusion and objection is Sept. 27, 2022. 

The final approval hearing for the McAlister’s settlement is scheduled for Oct. 20, 2022.

No claim form is required to benefit from the settlement. Class members who do not opt out by the exclusion deadline will automatically receive their share of the settlement fund.

Who’s Eligible

The settlement benefits current and former McAlister’s Deli Orland Park employees in Illinois who used a fingerprint scan time clock to clock in and out of work between Dec. 3, 2015, and June 27, 2022. This does not include Orland Park employees who previously released their BIPA claims as part of another settlement. There are 165 people that fall under this definition.

Potential Award

TBD

Proof of Purchase

No proof of purchase applicable

Exclusion and Objection Deadline

09/27/2022

Case Name

Bertasiute v. Orland Park Deli, Inc. d/b/a McAlister’s of Orland Park, Case No. 2020-CH-07055, in the Circuit Court of Cook County, Chancery Division

Final Hearing

10/20/2022

Settlement Website
Claims Administrator

Bertasiute v. Orland Park Deli, Inc.
Settlement Administrator
P.O. Box 2002
Chanhassen, MN 55317-2002
info@OrlandParkBIPASettlement.com
833-748-4835

Class Counsel

J Dominick Larry
NICK LARRY LAW LLC

Thomas R Kayes
THE CIVIL RIGHTS GROUP LLC

Defense Counsel

Rosa M Tumialán
TRESSLER LLP

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17 thoughts onMcAlister’s Deli of Orland Park biometric privacy $90K class action settlement

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