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This settlement is closed!
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BWAY agreed to a $1.56 million class action settlement to resolve claims it collected and stored employee fingerprints in violation of Illinois’ Biometric Information Privacy Act (BIPA).
The settlement benefits BWAY employees who, while living in Illinois, used a fingerprint scanner to clock into work in Illinois between Aug. 1, 2013, and Aug. 20, 2018. According to the settlement website, there are 1,251 people who fall under this class definition.
According to plaintiffs in the class action lawsuit, BWAY violated by failing to obtain employee consent before collecting and storing their fingerprints for timekeeping purposes. BIPA requires businesses to get consent and provide certain disclosures before collecting and storing any biometric information.
BWAY was a packaging company that specialized in rigid packaging. In 2018, the company merged with Mauser, NCG and ICS to form Mauser Packaging Solutions.Â
BWAY hasn’t admitted any wrongdoing but agreed to pay $1,563,750 to resolve these BIPA allegations.
Under the terms of the BWAY BIPA settlement, class members can receive an equal share of the net settlement fund.Â
Each class member is estimated to receive around $790, according to the settlement website. Class members can use their claim ID and last name to log into the settlement website and update their address or select how they want their payment distributed.Â
BWAY also agreed to destroy all biometric data of former employees and implement an improved consent, disclosure and retention program. This program will ensure current and future employees are protected and informed as required under BIPA.
The deadline for exclusion and objection is Feb. 22, 2023.
The final approval hearing for the settlement is scheduled for March 30, 2023.
No claim form is required to benefit from the settlement. Class members who do not exclude themselves will automatically receive settlement benefits.
Who’s Eligible
BWAY employees who, while living in Illinois, used a fingerprint scanner to clock into work in Illinois between Aug. 1, 2013, and Aug. 20, 2018
Potential Award
$790
Proof of Purchase
N/A
Exclusion and Objection Deadline
02/22/2023
Case Name
Burton, et al. v. BWAY Corp., Case No. 18-CH-09797, in the Illinois Circuit Court for Cook County
Final Hearing
03/30/2023
Settlement Website
Claims Administrator
Burton v. BWAY Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
info@BWAYBIPASettlement.com
866-612-2787
Class Counsel
Jay Edelson
Eli Wade-Scott
Schuyler Ufkes
EDELSON PC
David Fish
FISH POTTER BOLAĂ‘OS PC
Defense Counsel
Martin G Durkin
Rachel C Agius
HOLLAND & KNIGHT LLP
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