Vending machines fingerprint collection $6.8M class action settlement

Compass and 365 Retail has agreed to a $6.8 million fingerprint class action lawsuit settlement to resolve claims their vending machines requiring a finger scan violated the Illinois Biometric Information Privacy Act (BIPA).

The settlement benefits individuals who used one of Compass’ or 365 Retail’s Illinois vending systems between Aug. 23, 2014, and Nov. 2, 2021. Eligible vending systems were operated under names like Smart Market, Avenue C, Market Now, eMart, NEX Micro Markets, and Honest Eats Marketplace. The kiosks were placed in canteens, break rooms, and food service areas and allowed people to purchase food or drinks.

There are nearly 69,000 affected consumers included in the vending machines fingerprint settlement, based on defendant records, the biometric privacy settlement agreement says.

Both Compass and 365 Retail are vending machine companies that offer food and drink in break rooms and other locations. The companies offer a number of micro market solutions including touchless payment options.

Although the companies provide innovative vending options, legal action against Compass and 365 Retail claim the vendors violate Illinois biometric laws.

Compass and 365 Retail vending machines collect fingerprint data from consumers, according to a class action lawsuit against the companies. However, despite collecting biometric data in Illinois, the companies allegedly fail to comply with BIPA.

BIPA ensures the privacy of Illinoisans’ biometric data such as fingerprints, facial geometry scans, and voice profiles. Under the law, companies are required to get consumer consent before collecting biometrics and must comply with regulations on disclosures and retention. The two vending companies allegedly fail to comply with BIPA’s consent and disclosure requirements.

Compass and 365 Retail haven’t admitted any wrongdoing but agreed to resolve the claims with a $6.8 million vending machines fingerprint settlement.

Under the terms of the deal, Class Members can receive a cash payment.

Exact payment amounts will vary depending on the number of claimants who participate in the settlement. However, Class counsel anticipates each claimant could receive payments between $300 and $600.

The deadline for exclusion and objection is July 29, 2022. 

The final approval hearing in the vending machines fingerprint settlement is scheduled for Sept. 8, 2022.

In order to receive benefits from the settlement, Class Members must submit a valid claim form by July 29, 2022. Class Members have the option to contact the settlement administrator and update their information if their address changes after filing a claim.

Who’s Eligible

The settlement benefits individuals who used one of Compass’ or 365 Retail’s Illinois vending systems between Aug. 23, 2014, and Nov. 2, 2021. Eligible vending systems were operated under names like Smart Market, Avenue C, Market Now, eMart, NEX Micro Markets, and Honest Eats Marketplace. The kiosks were placed in canteens, break rooms, and food service areas and allowed people to purchase food or drinks.

Potential Award

Approximately $300 to $600

Proof of Purchase

No proof of purchase required

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

07/29/2022

Case Name

Bryant v. Compass Group USA, Inc., Case No. 1:19-cv-06622, in the U.S. District Court for the Northern District of Illinois

Final Hearing

09/08/2022

Settlement Website

FigerScanVendingSettlement.com

Claims Administrator

Finger Scan Vending Settlement
Analytics Consulting LLC
P.O. Box 2006
Chanhassen, MN 55317-2006
info@FingerScanVendingSettlement.com
844-789-1470

Class Counsel

Douglas M. Werman
Maureen A. Salas
WERMAN SALAS PC

Defense Counsel

Daniel Dupré
MANAGING LEGAL COUNSEL