ADP BIPA Class Action Settlement

UPDATE 2:

• TCA viewers reported this settlement paying out up to $380.76 as of July 2, 2021.
• Congratulations to everyone who filed a claim and got paid!

UPDATE:

• The ADP BIPA class action settlement was granted final approval Feb. 10, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Consumers may be able to claim a $250 class action rebate in a settlement over claims some ADP timeclocks collect hand- or fingerprint scans in violation of Illinois law.

Illinois residents who used an ADP timeclock that collected finger- or handprint scans between June 5, 2013, and Nov. 6, 2020, may be able to take part in this class action settlement.

In 2018, lead plaintiffs Maurice Henderson and Chiquita Alston filed a class action lawsuit against ADP alleging it violated the Illinois Biometric Information Privacy Act (BIPA). The plaintiffs claimed ADP timeclocks, used at numerous companies for workers to clock in and out of shifts, resulted in the collection of individuals’ biometric information without their consent.

BIPA is a state law designed to protect the privacy of Illinois residents. The law prohibits the collection of biometric information, such as fingerprints and hand scans, without permission. In addition, those who would collect such information must also adhere to disclosure requirements about its plans to store and destroy a person’s biometric identifiers.

The class action lawsuit accused ADP of deploying its timeclocks in Illinois without meeting BIPA requirements.

ADP provides human resources tools and services, such as payroll software, employee benefits tracking and more.

If a person’s biometric information is compromised, they can become victims of identity theft or fraud. In addition, biometric information is particularly difficult to secure once it has been compromised, the state legislature noted. Unlike account numbers or even a person’s Social Security number, biometric information cannot be changed or replaced if it is stolen by identity thieves.

ADP refused to admit any liability under BIPA, but agreed to pay $25 million to end the class action lawsuit.

After plaintiff awards and attorney, court and settlement fees are paid, Class Members can claim a share of the settlement amount.

In addition, ADP has agreed to provide a written retention policy on its website regarding biometric information, and to provide notice to its Illinois clients about the company’s obligations surrounding the collection of biometric information, including obtaining a written release.

To make a claim, Class Members must complete and submit a Claim Form either online or by mail. In addition to name and address, Class Members must also indicate the employer who used an ADP timeclock requiring a finger or hand scan as well as the time period the Class Member worked there. Online Claim Forms require a Claim ID available on the Settlement Notice.

Class Members who wish to object to or exclude themselves from the class action settlement must do so by Jan. 18, 2021. The final hearing is scheduled for Feb. 10, 2021.

Claim Forms must be submitted or postmarked by Feb. 8, 2021.

Who’s Eligible

Illinois residents who used an ADP timeclock that collected finger- or handprint scans between June 5, 2013, and Nov. 6, 2020

Potential Award

$250

Proof of Purchase

Class Members must indicate their employer that used an ADP timeclock requiring a finger or hand scan as well as the time period the Class Member worked there.

Online Claim Forms require a Claim ID available on the Settlement Notice.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

02/08/2021

Case Name

Kusinski, et al. v. ADP LLC, Case No. 2017-CH-12364, in the Circuit Court of Cook County, Illinois

Final Hearing

02/10/2021

Settlement Website

ADPBIPASettlement.com

Claims Administrator

Kusinski v. ADP LLC Settlement Administrator
PO Box 43294
Providence RI  02940-9517
Info@ADPBIPASettlement .com
1-866-757-7940

Class Counsel

Jay Edelson
EDELSON PC

James B. Zouras
STEPHAN ZOURAS LLP

Myles McGuire
MCGUIRE LAW PC

Defense Counsel

Ross Bricker
David Layden
Precious Jacobs
JENNER & BLOCK LLP

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